Barristers tell Parliament that some GCHQ mass surveillance is illegal – UK Human Rights Blog

‘Two barristers have advised a Parliamentary committee that some mass surveillance allegedly undertaken by the UK’s security services is probably illegal. Jemima Stratford QC and Tim Johnston’s advice (PDF) was commissioned by the chair of the All Party Parliamentary Group on Drones.’

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UK Human Rights Blog, 29th January 2014

Source: www.ukhumanrightsblog.com

Domestic abuse – why creating a specific offence is not the answer – Halsbury’s Law Exchange

Posted January 30th, 2014 in assault, bills, crime, domestic violence, news, sentencing by sally

‘The Offences Against the Person Act has been in law since 1861. It covers all forms of physical assault ranging from the most serious, such as stabbing someone, to common assault which can be committed merely by spitting at someone. Marital rape is an offence, as is pursuing a course of conduct which amounts to harassment. Despite these laws, MPs are now seeking to introduce a new offence of Domestic Abuse, aimed solely at offences carried out within relationships. The offence would be defined as, “intentionally, wilfully or recklessly causing, or attempting to cause, physical injury or psychological harm to a person”.’

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Halsbury’s Law Exchange, 29th January 2014

Source: www.halsburyslawexchange.co.uk

Regina (Buckinghamshire County Council and others) v Secretary of State for Transport; Regina ( HS2 Action Alliance Ltd) v Same; Regina (Heathrow Hub Ltd and another) v Same – WLR Daily

Regina (Buckinghamshire County Council and others) v Secretary of State for Transport; Regina ( HS2 Action Alliance Ltd)vSame; Regina (Heathrow Hub Ltd and another) v Same [2014] UKSC 3; [2014] WLR (D) 28

‘The Government’s paper High Speed Rail: Investing in Britain’s Future—Decisions and Next Steps (2012) (Cm 8247) (“the DNS”), in which it had set out its proposed strategy for the promotion, construction and operation of a new high speed rail network, was not a plan or programme which set the framework for future development consent by the decision-maker (ie Parliament) and thus did not come within the scope of the Strategic Environmental Assessment Directive (Parliament and Council Directive 2001/42/EC) (“the SEA Directive”).’

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

Mark Elliot: Reflections on the HS2 case: a hierarchy of domestic constitutional norms and the qualified primacy of EU law – UK Constitutional Law Group

‘Earlier this week, the UK Supreme Court gave judgment in R (HS2 Action Alliance Ltd) v Secretary of State for Transport [2014] UKSC 3. A good overview of the issues at stake in the case can be found in the Court’s press summary, as well as in a post by David Hart on the UK Human Rights Blog. This post is concerned only with one aspect of the decision, and with some very interesting dicta concerning not only the relationship between UK and EU law, but the nature of the UK’s constitutional order itself.’

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UK Constitutional Law Group, 23rd January 2014

Source: www.ukconstitutionallaw.org

R (on the application of HS2 Action Alliance Limited) (Appellant) v The Secretary of State for Transport and another (Respondents); R (on the application of Heathrow Hub Limited and another) (Appellants) v The Secretary of State for Transport and another (Respondents); R (on the application of Buckinghamshire County Council and others) (Appellants) v The Secretary of State for Transport (Respondent) – Supreme Court

R (on the application of HS2 Action Alliance Limited) (Appellant) v The Secretary of State for Transport and another (Respondents) UKSC 2013/0172; R (on the application of Heathrow Hub Limited and another) (Appellants) v The Secretary of State for Transport and another (Respondents) UKSC 2013/0173; R (on the application of Buckinghamshire County Council and others) (Appellants) v The Secretary of State for Transport (Respondent) UKSC 2013/0187

Supreme Court, 22nd January 2014

Source: www.youtube.com/user/UKSupremeCourt

Marital coercion defence ‘to be scrapped’ – BBC News

Posted January 23rd, 2014 in bills, defences, harassment, married persons, news by sally

‘The historical defence of marital coercion is to be abolished in England and Wales, the government has said.’

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BBC News, 22nd January 2014

Source: www.bbc.co.uk

Thank the Lords! – Sovereign Chambers

Posted January 22nd, 2014 in ASBOs, bills, injunctions, news, nuisance, parliament by sally

‘If last Wednesday’s vote in the House of Lords was not a reminder as to why we need a second house to protect us then nothing will be. Many members of the public will not realise just how close this country came to fundamentally damaging the democratic society we live in and abandoning the principle of free speech, whilst simultaneously providing an unwieldy weapon against practically anybody for doing pretty much anything that another person does not like.’

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Sovereign Chambers, 15th January 2014

Source: www.sovereignchambers.co.uk

Supreme Court rejects HS2 legal bid – BBC News

Posted January 22nd, 2014 in bills, consultations, EC law, environmental protection, news, railways by sally

‘The Supreme Court has rejected a legal bid by objectors of the HS2 national high-speed rail link to force further scrutiny of the government’s plans.’

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BBC News, 22nd January 2014

Source: www.bbc.co.uk

Defence of marital coercion used by Vicky Pryce to be abolished – The Guardian

‘The defence of marital coercion, unsuccessfully used by Chris Huhne’s former wife Vicky Pryce at her trial last year, is to be abolished.’

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The Guardian, 17th January 2014

Source: www.guardian.co.uk

Justice for asbestos victims moves forward – Litigation Futures

Posted January 17th, 2014 in asbestos, bills, compensation, industrial injuries, news, personal injuries by sally

‘In early December, I wrote about the new HMRC policy doing nothing but stifle access to justice for asbestos victims. And my opinions on that side of things still hold true.’

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Litigation Futures, 15th January 2014

Source: www.litigationfutures.com

Prohibiting positive action – clarification, but little practical impact – Halsbury’s Law Exchange

Posted January 17th, 2014 in bills, diversity, equality, news, recruitment by sally

‘The Equality and Diversity (Reform) Bill is currently making its way through Parliament. The private members’ bill will prohibit the use of affirmative and positive action in recruitment and appointment processes.’

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Halsbury’s Law Exchange, 16th January 2014

Source: www.halsburyslawexchange.co.uk

War Crimes, Annoyance Injunctions, and the Whole Life Tariff Saga – UK Human Rights Blog

Posted January 14th, 2014 in armed forces, bills, human rights, injunctions, news, sentencing, war crimes by tracey

‘This week, the International Criminal Court has received a dossier detailing the UK’s involvement in abuse in Iraq. Meanwhile, the House of Lords has put up a fight over the so-called “annoyance injunctions”, while the Government has sought to find a solution to the European Court of Human Rights’ ruling on whole life tariffs.’

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UK Human Rights Blog, 13th January 2014

Source: www.ukhumanrightsblog.com

Justice minister supports government plans for mandatory mediation – The Guardian

Posted January 7th, 2014 in arbitration, bills, divorce, news by sally

‘The new justice minister, Simon Hughes, whose departmental responsibilities include family law, has backed government plans to make mediation mandatory for separating couples.’

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The Guardian, 7th January 2014

Source: www.guardian.co.uk

No rational basis for denying all prisoners the vote, concludes joint Parliamentary Committee – UK Human Rights Blog

Posted December 19th, 2013 in bills, elections, human rights, news, prisons, reports by tracey

‘The Parliamentary Joint Committee on the Draft Voting Eligibility (Prisoners) Bill today published its report.’

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UK Human Rights Blog, 18th December 2013

Source: www.ukhumanrightsblog.com

Banking reforms become law after getting Royal Assent – BBC News

Posted December 19th, 2013 in banking, bills, crime, financial regulation, news by tracey

‘Reforms to the UK banking sector aimed at making it more resilient after the 2008 financial crisis have become law. The Financial Services Bill was given Royal Assent on Wednesday after being approved by Parliament earlier.’

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BBC News, 19th December 2013

Source: www.bbc.co.uk

Prisoners serving less than a year should be allowed to vote, says Parliamentary committee – The Independent

Posted December 18th, 2013 in bills, elections, human rights, news, prisons by sally

‘Prisoners serving sentences of 12 months or less should be given the vote, the Government is today told by an all-party parliamentary committee.’

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The Independent, 18th December 2013

Source: www.independent.co.uk

Modern slavery white paper published – Home Office

Posted December 16th, 2013 in bills, imprisonment, news, trafficking in human beings by sally

‘A flagship Bill to tackle modern slavery, the first of its kind in Europe, was published today by the Home Secretary Theresa May.’

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Home Office, 16th December 2013

Source: www.gov.uk/home-office

‘We tinker with assisted suicide laws at our peril’, warns Baroness Butler-Sloss – Daily Telegraph

Posted December 16th, 2013 in appeals, assisted suicide, bills, human rights, judges, news, Supreme Court by sally

‘Baroness Butler-Sloss’s message as Supreme Court considers landmark right-to-die challenge.’

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Daily Telegraph, 15th December 2013

Source: www.telegraph.co.uk

Government’s Modern Slavery Bill will ‘fail victims and spare criminals’ – The Independent

Posted December 16th, 2013 in bills, consultations, news, police, reports, trafficking in human beings, victims by sally

‘The Government’s Modern Slavery Bill is being rushed through Parliament without proper consultation and will offer almost no help to the victims of the crime, sources close to the process have told The Independent on Sunday.’

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The Independent, 14th December 2013

Source: www.independent.co.uk

Short Cuts – London Review of Books

Posted December 12th, 2013 in bills, charities, elections, lobbying, news by sally

‘The Lobbying Bill – due to complete the Lords committee stage before Christmas – is intended ‘to ensure that people know whose interests are being represented by consultant lobbyists who make representations to government’. Part One provides that lobbyists must disclose the names of their clients four times a year in a public register; there will be a registrar to enforce compliance, and sanctions for non-compliance. This should make ministers more cautious about promoting policies that favour special interests, and should make special interest groups more cautious in their dealings with ministers. Those who want to engage in this type of lobbying, and can afford it, can properly be expected to bear the costs of regulation.’

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London Review of Books, 19th December 2013

Source: www.lrb.co.uk