‘A leading lawyer who sits in the Lords has warned that Rishi Sunak’s Rwanda bill is “a step toward totalitarianism”.’
The Independent, 18th January 2024
Source: www.independent.co.uk
‘The courts “could cope” with a large volume of criminal appeals in the wake of the Post Office scandal, the Lady Chief Justice told MPs yesterday.’
Legal Futures, 17th January 2024
Source: www.legalfutures.co.uk
‘Members of Parliament in the UK will on 16 and 17 January 2024 debate the Safety of Rwanda (Asylum and Immigration) Bill, which “gives effect to the judgement of Parliament that the Republic of Rwanda is a safe country” for asylum-seekers. The Supreme Court unanimously ruled in November 2023 that Rwanda was manifestly not safe as asylum seekers sent to the country would face a real risk of ill-treatment due to insufficient guarantees against refoulement. The Bill thus aims to use law to determine a factual situation for as long as the law is in force. This blog discusses the risks inherent in creating such a “legal fiction” and how the Bill could be revised to mitigate this risk, before assessing the chances of it becoming law in the currently turbulent political context.’
EIN Blog, 16th January 2024
Source: www.ein.org.uk
‘The new Rwanda deal proposed by Rishi Sunak’s government is still “not compatible” with international refugee law, the United Nations Refugee Agency (UNHCR) said. The UNHCR has published its legal assessment of the bill designed to allow Britain to send asylum seekers who arrive illegally in the UK to Rwanda.’
The Independent, 16th January 2024
Source: www.independent.co.uk
‘Last year’s Supreme Court decision in R (AAA) v Home Secretary – which found the British government’s Rwanda policy to be unlawful – has reignited broader debates about the position of a government which commands a majority in Parliament vis a vis the judiciary, the separation of powers, the extent to which legislating against judicial decisions is constitutionally proper or compatible with the rule of law, and the appropriateness of disapplying sections of the Human Rights Act 1998 (HRA 1998). This post does not restate or reengage with such topics; substantive attention has already been given by Tom Hickman KC, Professor Mark Elliott, Adam Tucker, Professor Sarah Singer, and Richard Ekins KC et al. Neither does it take a position on the feasibility or desirability of any specific government policy, the continued operation of HRA 1998, or membership of the European Convention on Human Rights (ECHR).
Instead, this post will argue that the backlash to and disapproval of the British government’s response to R (AAA) – the introduction of the Safety of Rwanda Bill, which, amongst other measures, allows Parliament to diverge from the Supreme Court’s judgment – neatly evidences the intended effect of New Labour and Lord Derry Irvine’s HRA 1998 system and judicial reforms.’
UK Constitutional Law Association, 15th January 2024
Source: ukconstitutionallaw.org
‘The government’s decision to pass a law overturning the convictions of post office operators has left many lawyers and judges uneasy.’
The Guardian, 11th January 2024
Source: www.theguardian.com
‘The government has admitted that Rwanda still has “issues with its human rights record” despite claims by Rishi Sunak that it is a safe country.’
The Guardian, 11th January 2024
Source: www.theguardian.com
‘The Online Safety Bill received Royal Assent on 26 October 2023, becoming the Online Safety Act (“the Act”). Its aim is to deliver on the government’s commitment to “make the UK the safest place to be online”, by imposing statutory duties on social media companies and search engines[1] (“service providers”) to ensure that they implement measures to protect individuals from illegal and harmful content online.’
2 Hare Court, 28th November 2023
Source: www.2harecourt.com
‘GB News breached impartiality rules with an episode of The Live Desk, which promoted its branded campaign Don’t Kill Cash, Ofcom has said.’
BBC News, 19th December 2023
Source: www.bbc.co.uk
‘The government has acknowledged concerns that its legislative proposal to address the Supreme Court’s PACCAR ruling does not go far enough – but further change is not imminent.’
Legal Futures, 15th December 2023
Source: www.legalfutures.co.uk
‘A new strategy aimed at tackling the growing threat of serious and organised crime has been announced by the Home Secretary as the government steps up action to clamp down on criminal gangs operating in and against the UK.’
Home Office, 13th December 2023
Source: www.gov.uk
‘In a ruling that will disappoint LGBTQ+ campaigners and offers a boost to Rishi Sunak at the end of a difficult week, Lady Haldane rejected the Scottish government’s petition to rule the UK government’s section 35 veto – contained in the 1998 Scotland Act, which created the devolved parliament – as unlawful.’
The Guardian, 8th December 2023
Source: www.theguardian.com
‘Expert lawyers who have been involved in the Rwanda case – or supported the challenge to the policy – have described new legislation as potentially setting up a politically explosive fight with both the Supreme Court and European Court of Human Rights.’
BBC News, 6th December 2023
Source: www.bbc.co.uk
‘An emergency bill published on Wednesday will assert that ministers have the power to ignore judgments that come from Strasbourg while stopping short of leaving or “disapplying” the European convention on human rights.’
The Guardian, 6th October 2023
Source: www.theguardian.com
‘Thousands of rehabilitated ex-prisoners serving long-since abolished indefinite sentences will become eligible to have their licence period terminated earlier as part of new reforms.’
Ministry of Justice, 28th December 2023
Source: www.gov.uk
‘The UK government’s proposed ban on the sale of new leasehold houses has not been included in its bill to reform housing rights.’
BBC News, 30th November 2023
Source: www.bbc.co.uk
‘The father of a one-year-old girl killed by a runaway car says he’ll never stop fighting for a change in the law after the driver was not prosecuted due to a “loophole” in the legal system.’
The Independent, 29th November 2023
Source: www.independent.co.uk
‘Part I of this blog discussed the legality of assisted dying in the Isle of Man at present and the proposed legalisation of assisted dying and voluntary euthanasia under the Assisted Dying Bill 2023. If enacted, the Isle of Man will become the first jurisdiction in the British Isles to legalise any form of assisted dying, although the legislatures of the UK, Ireland, and Jersey are currently conducting consultations on such laws. However, there is precedent for a semi-independent jurisdiction, like the Isle of Man, spearheading the legalisation of assisted dying and voluntary euthanasia – and being reprimanded as a result.’
Oxford Human Rights Hub, 29th November 2023
Source: ohrh.law.ox.ac.uk
‘On 31 October 2023, a bill that would legalise assisted dying for the first time in the British Isles passed its second reading – but not in Westminster. Rather, it was Tynwald, the legislature of the Isle of Man, which took this step towards the protection of the right to a dignified death, or, depending on one’s view, the erosion of the right to life.’
Oxford Human Rights Hub, 28th November 2023
Source: ohrh.law.ox.ac.uk
‘Ministry of Justice officials are working on ways to make transcripts of court proceedings available to victims of crime, a minister has revealed. But, speaking in parliament last week, Mike Freer MP did not respond to calls for immediate legislation to make this possible.’
Law Society's Gazette, 26th November 2023
Source: www.lawgazette.co.uk
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