Northern Ireland Protocol Bill: Peers set to scrutinise it line-by-line – BBC News

Posted October 25th, 2022 in amendments, bills, brexit, news, Northern Ireland by sally

‘The Northern Ireland Protocol Bill moves to its next stage in the House of Lords on Tuesday.’

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BBC News, 25th October 2022

Source: www.bbc.co.uk

Rishi Sunak urged to scrap ‘undemocratic’ proposals to axe 2,400 laws – The Guardian

Posted October 25th, 2022 in bills, brexit, EC law, news, repeals by sally

‘Employers, trade unions, lawyers and environmentalists are calling on Rishi Sunak to scrap Jacob Rees-Mogg’s legislation that would sweep away 2,400 laws derived from the EU.’

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The Guardian, 24th October 2022

Source: www.theguardian.com

Rees-Mogg move to axe 2,400 laws is ‘anti-democratic’, say legal experts – The Guardian

Posted October 24th, 2022 in bills, brexit, EC law, government departments, news, statute law revision by sally

‘Leading lawyers have sounded the alarm over Jacob Rees-Mogg’s proposals for post-Brexit legislation that could result in 2,400 laws disappearing overnight – including a ban on animal testing for cosmetics, workers’ rights and environmental protections.’

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The Guardian, 24th October 2022

Source: www.theguardian.com

UK government extends deadline for Brexit food labelling changes – OUT-LAW.com

Posted October 13th, 2022 in advertising, bills, brexit, food, news, time limits by tracey

‘The UK government’s decision to grant businesses extra time to comply with post-Brexit food labelling requirements will be “cautiously welcomed” by the industry, according to one legal expert.’

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OUT-LAW.com, 12th October 2022

Source: www.pinsentmasons.com

Kate Ollerenshaw: More Haste, Less Speed: Sunset Clauses in the Retained EU Law (Revocation and Reform) Bill – UK Constitutional Law Association

Posted October 11th, 2022 in brexit, constitutional law, EC law, news, regulations, statute law revision by tracey

‘There are many points of note for those interested in Constitutional law in the recently published Retained EU Law (Revocation and Reform) Bill 2022 (“the Bill”). This post focuses on the proposal to bind the Government to accomplishing the complex process of assimilating desirable retained EU law into domestic legislation before a stated deadline using the sunsetting provisions in clauses 1 and 3 of the Bill. It asks why sunsetting is needed, suggesting the motivation lies, at least in part, in the Government’s desire to reap the so-called “Brexit dividend” by reducing the burden of regulation from EU-derived measures as quickly as possible. It goes on to question whether the sunset clauses will ultimately assist in that aim.’

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UK Constitutional Law Association, 10th October 2022

Source: ukconstitutionallaw.org

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

Environment Agency told to protect wetlands in landmark court case – The Guardian

‘The high court has ordered the Environment Agency to reduce water abstraction and protect England’s rare wetland habitats, in a landmark case that confirms that European nature conservation laws remain enforceable despite Britain having left the EU.’

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The Guardian, 7th September 2022

Source: www.theguardian.com

Truss risks fresh row with EU over workers’ rights, say legal experts – The Guardian

Posted September 7th, 2022 in brexit, EC law, employment, news, trade unions by sally

‘Liz Truss risks igniting another row with the EU which could lead to tariffs on British exports if she tries to dilute workers’ rights too much, legal experts and union leaders have said.’

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The Guardian, 6th September 2022

Source: www.theguardian.com

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

Only 21 foreign nationals removed from UK under post-Brexit asylum rules – BBC News

Posted August 26th, 2022 in asylum, brexit, deportation, government departments, immigration, news, statistics by tracey

‘Only 21 foreign nationals have been removed from the UK under post-Brexit “inadmissibility” rules on asylum, Home Office figures show.’

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BBC News, 25th August 2022

Source: www.bbc.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

UK must curb influence of European human rights rules, says Braverman – The Guardian

Posted August 11th, 2022 in attorney general, brexit, equality, human rights, news by sally

‘Ministers should “take radical action” to counter the influence of European human rights rules to curb a burgeoning industry of highly paid equalities officers touting bogus grievances, Suella Braverman, the UK government’s chief law officer, has argued.’

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The Guardian, 10th August 2022

Source: www.theguardian.com

Research Briefing: Brexit and the UK’s Overseas Territories – House of Commons Library

Posted August 3rd, 2022 in brexit, colonies, EC law, news, parliament by tracey

‘What’s the significance of the UK’s departure from the EU for the UK’s 14 Overseas Territories, in relation to trade, funding, defence, and sovereignty?’

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House of Commons Library , 1st August 2022

Source: commonslibrary.parliament.uk

Edmund Robinson: Fumbling with interpretation – Clause 5 of the Bill of Rights and the positive obligations challenge – UK Constitutional Law Association

Posted July 27th, 2022 in bills, brexit, constitutional law, human rights, interpretation, news by sally

‘The ‘Bill of Rights Bill’, repealing and replacing the Human Rights Act, has already attracted significant criticism. This post focuses on clause 5, with which the government seeks to give effect to its previously expressed scepticism regarding ‘positive obligations’. These are duties on the authorities to take positive measures to protect individuals from human rights breaches, rather than merely refraining from breaching those rights with their own actions. The obligation to protect those suffering domestic violence is such an obligation.’

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UK Constitutional Law Association, 27th July 2022

Source: ukconstitutionallaw.org

Brenda Hale: ‘There’s absolutely no need to scrap the Human Rights Act’ – The Guardian

‘renda Hale is a British judge who served as president of the supreme court of the United Kingdom from 2017 until her retirement in 2020. Lady Hale studied law at Cambridge, was called to the bar and then worked as an academic for many years. In 1984, she became the youngest person to be appointed to the Law Commission. In 1999, she was only the second woman to be appointed to the court of appeal. It fell to Hale, in September 2019, to deliver the judgment of the supreme court in the matter of the Queen’s prorogation of parliament on the advice of Boris Johnson. The court ruled that the prorogation was unlawful and the spider brooch Hale wore on that fateful day became one of the most famous fashion accessories in history. Her memoir, Spider Woman: A Life, is now out in paperback.’

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The Guardian, 24th July 2022

Source: www.theguardian.com

EU launches fresh legal action over Northern Ireland border rules – BBC News

Posted July 22nd, 2022 in bills, brexit, EC law, government departments, news, Northern Ireland by tracey

‘The EU has launched fresh legal action against the UK over its enforcement of post-Brexit trading rules in Northern Ireland.’

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BBC News, 22nd July 2022

Source: www.bbc.co.uk

Re S: A short lesson on jurisdiction in international children cases post-Brexit – Family Law

Posted July 22nd, 2022 in brexit, children, families, family courts, jurisdiction, kidnapping, news by tracey

‘The President of the Family Division has very recently handed down his decision in this matter of Re: S (A Child) (Jurisdiction) [2022] EWHC 1720 (Fam), in which we acted for the successful applicant mother. Whilst the facts of the case are unique, the judgment serves as a helpful reminder of the jurisdictional framework of international children cases following our departure from the European Union.’

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Family Law, 21st July 2022

Source: www.familylaw.co.uk

UK Data Protection and Digital Information Bill: in detail – OUT-LAW.com

‘New data protection laws proposed by the UK government are intended to promote data-driven innovation and reduce some of the burdens organisations have come to associate with the General Data Protection Regulation (GDPR).’

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OUT-LAW.com, 20th July 2022

Source: www.pinsentmasons.com

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