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

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

Dramatic fall in successful high court challenges to government policy – The Guardian

‘Successful high court challenges to government policy and decisions by public bodies have fallen dramatically, prompting warnings that ministers’ attacks on lawyers could be having a chilling effect on judges.

The proportion of civil judicial reviews in England and Wales, excluding immigration cases, which claimants won out of total claims lodged fell by 50% on 2020, according to analysis seen by the Guardian. The figure is 26% if the success rate is measured out of cases that went to a final hearing.’

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The Guardian, 23rd June 2022

Source: www.theguardian.com

Windrush: only one in four applicants have received compensation – The Guardian

‘Only one in four applicants to the Windrush compensation scheme have received payments four years after the government promised redress for those wrongly classified by the Home Office as illegal immigrants.’

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The Guardian, 22nd June 2022

Source: www.theguardian.com

Upcoming Data Reform Bill “to give Parliament and Government greater oversight” of Information Commissioner’s Office – Local Government Lawyer

Posted June 22nd, 2022 in bills, data protection, government departments, news, ombudsmen, parliament by sally

‘The Government has set out plans to reform the Information Commissioner’s Office (ICO) that will give Parliament and the Secretary of State greater oversight of the data regulator and broaden the legal responsibility underpinning its work.’

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Local Government Lawyer, 21st June 2022

Source: www.localgovernmentlawyer.co.uk

British Army veteran ‘living in fear’ as he fights deportation threat after 20 years living in UK – The Independent

‘ British Army veteran who has spent more than 20 years living in the UK is “living in fear each and every second” due to the threat of deportation to Zimbabwe.’

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The Independent, 20th June 2022

Source: www.independent.co.uk

GPS tagging of migrants appears to contradict Home Office guidance – The Guardian

‘The Home Office appears to have contradicted its own guidance on GPS tagging, which prioritised “very high harm offenders”, after it announced the devices would be used on asylum seekers arriving in the UK.’

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The Guardian, 19th June 2022

Source: www.theguardian.com

Government retracts ‘unlawful’ pollution guidance for England’s farms – The Guardian

‘Guidance that would have allowed farmers to spread manures and slurry on land in a way that would overload it with nutrients and risk pollution of rivers, lakes and coastal waters has been changed by Defra, after a challenge over its lawfulness.’

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The Guardian , 20th June 2022

Source: www.theguardian.com

Residents threaten judicial review over Home Office decision to abandon recommended emergency evacuation plans for disabled people – Local Government Lawyer

‘The Home Office is facing a judicial review over its decision to ignore a Grenfell Tower inquiry’s recommendation to implement personal emergency evacuation plans for disabled people.’

Society fails women by not believing rape victims, campaigner says – The Independent

‘Society must stop “failing” women by assuming rape victims are lying, a campaigner who helped shape the Government’s landmark review of serious sexual offences has said.’

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The Independent, 15th June 2022

Source: www.independent.co.uk

UK data protection reforms announcement imminent – OUT-LAW.com

Posted June 15th, 2022 in bills, brexit, data protection, EC law, government departments, news by sally

‘The UK government has said it expects to outline its plans for reform to data protection law this month.’

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OUT-LAW.com, 14th June 2022

Source: www.pinsentmasons.com

What is the European Court of Human Rights? Key questions as Rwanda flight grounded – The Independent

‘The first deportation flight of migrants to Rwanda was cancelled at the last minute on Tuesday night following interventions from the European Court of Human Rights.’

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The Independent, 15th June 2022

Source: www.independent.co.uk

Ronan Cormacain: Does the Vienna Convention provide a legal off-ramp for unilaterally changing the Northern Ireland Protocol? – UK Constitutional Law Association

‘The Northern Ireland Protocol is part of the Withdrawal Agreement, designed to set out the legal parameters of the withdrawal of the UK from the EU. The Government proposes to introduce legislation to unilaterally change the Protocol. On the face of it, this would appear to place the Government on the highway to a breach of international law. But are there any off-ramps which allow it to avoid this destination? This blog post examines one possible off-ramp, that this course of action is consistent with the Vienna Convention on the Law of Treaties 1969.’

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UK Constitutional Law Association, 13th June 2022

Source: ukconstitutionallaw.org

Prime Minister must stop attacks on legal professionals, say Bar Council and Law Society – The Bar Council

‘Following the Prime Minister’s comments suggesting lawyers representing migrants were “abetting the work of criminal gangs”, the Bar Council and Law Society of England and Wales have issued [a] joint statement.’

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The Bar Council, 14th June 2022

Source: www.barcouncil.org.uk

Priti Patel outlaws dangerous tunnelling protests – Home Office”

Posted June 13th, 2022 in bills, demonstrations, government departments, news, public order by tracey

‘Dangerous tunnelling by protesters will be banned under a new law announced by the Home Secretary today (Tuesday 7 June), as the government acts to end the serious disruption and risk to life this guerrilla protest tactic poses.’

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Home Office, 7th June 2022

Source: www.gov.uk

MPs warn of “politicisation” of Supreme Court – Legal Futures

‘The “high number of instances” in which the Supreme Court has reversed its position on the law and adopted approaches more favourable to the executive has created “the troubling appearance (even if it is only an appearance) of the politicisation of the judiciary”, MPs have warned.’

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Legal Futures, 9th June 2022

Source: www.legalfutures.co.uk

‘The worst law on earth’: why the rich love London’s reputation managers – The Guardian

‘Boris Johnson has vowed to level the playing field on which oligarchs stifle those who scrutinise them. How can he do it?’

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The Guardian, 8th June 2022

Source: www.theguardian.com

Judicial independence tainted by ministers, Commons inquiry finds – The Guardian

Posted June 8th, 2022 in government departments, inquiries, judges, judiciary, news, Supreme Court by sally

‘Ministers have acted improperly by questioning the legitimacy of judges when they do not get their own way, creating an impression that recent supreme court decisions favourable to the government may have been a response to political pressure, a parliamentary inquiry has found.’

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The Guardian, 8th June 2022

Source: www.theguardian.com

First migrants set for Rwanda to be given final notice – Home Office

Posted June 6th, 2022 in asylum, government departments, immigration, news, refugees by tracey

‘The Home Office has begun issuing formal directions to the first group of people being relocated to Rwanda.’

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Home Office, 1st June 2022

Source: www.gov.uk