What is rule 39? UK government tells civil servants to ignore European court of human rights on Rwanda deportations – EIN Blog

‘The UK government is once again navigating legal and political hurdles over its plan to send asylum seekers to Rwanda. The latest debate is over the emergency bill that legally declares Rwanda a safe place to send refugees (despite the supreme court ruling the opposite).’

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EIN Blog, 23rd January 2024

Source: www.ein.org.uk

UK government AI report confirms decision on protection of copyright works – OUT-LAW.com

‘The UK government’s response to the House of Lords Culture, Media and Sport Committee’s report on AI and the creative industries confirms its position on striking a balance between encouraging AI innovation and protecting copyright works, an expert has said.’

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OUT-LAW.com, 19th January 2024

Source: www.pinsentmasons.com

Robert Craig: The constitutional implications of legislating to exonerate the Post Office sub-postmasters – UK Constitutional Law Association

‘Some commentators have claimed that the decision to expedite the process of formally exonerating the sub-postmasters potentially runs afoul of certain core constitutional principles, in particular the separation of powers. It has also been claimed that the “crown does not have a prerogative of justice but only a prerogative of mercy”. This blog considers and challenges those claims.’

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UK Constitutional Law Association, 16th January 2024

Source: ukconstitutionallaw.org

BBC review: Ofcom to gain more powers over BBC News website – BBC News

Posted January 22nd, 2024 in BBC, enforcement, government departments, internet, news, ombudsmen by tracey

‘Ofcom is to gain more powers over BBC online services, including the BBC News website, as part of a series of changes unveiled by the government.’

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BBC News, 22nd January 2024

Source: www.bbc.co.uk

Modern slavery in social care surging since visa rules eased – The Guardian

‘Modern slavery is surging in social care since ministers relaxed immigration rules to fill thousands of vacancies, with a growing wave of exploitation leading to workers being ripped off or living in squalor.’

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The Guardian, 21st January 2024

Source: www.theguardian.com

UK medics told not to report illegal abortions to police – The Guardian

‘Medical staff in the UK should not report women to the police if they believe their patients may have illegally ended their own pregnancy, a professional body has said. The Royal College of Obstetricians and Gynaecologists (RCOG) has said it is never in the public interest to report women who have abortions to law enforcement agencies, according to the BBC.’

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The Guardian, 22nd January 2024

Source: www.theguardian.com

Cat and dog theft set to be made criminal offence – BBC News

Posted January 19th, 2024 in animals, bills, criminal justice, government departments, news, theft by sally

‘The government is expected to back making stealing cats and dogs a specific criminal offence in England, Wales and Northern Ireland.’

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BBC News, 19th January 2024

Source: www.bbc.co.uk

Rishi Sunak’s Rwanda bill is step towards totalitarianism, top lawyer in the Lords warns – The Independent

‘A leading lawyer who sits in the Lords has warned that Rishi Sunak’s Rwanda bill is “a step toward totalitarianism”.’

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The Independent, 18th January 2024

Source: www.independent.co.uk

Daughter of murdered MP David Amess taking legal action against police and Home Office – The Independent

Posted January 18th, 2024 in government departments, murder, news, personal injuries, police, terrorism by sally

‘The daughter of murdered MP Sir David Amess is suing the police and government for failing to stop his death.’

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The Independent, 17th January 2024

Source: www.independent.co.uk

Ministers accused of watering down rules around abortion clinic buffer zones – The Guardian

Posted January 18th, 2024 in abortion, government departments, human rights, news, public order by sally

‘Ministers have been accused of watering down guidance around new buffer zones outside abortion clinics in England and Wales, after it emerged campaigners could still be allowed to conduct silent prayers and approach women attending clinics to discuss the issue.’

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The Guardian, 17th January 2024

Source: www.theguardian.com

Courts “could cope” with large number of Post Office appeals, says LCJ – Legal Futures

‘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.’

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Legal Futures, 17th January 2024

Source: www.legalfutures.co.uk

Legislating fiction – EIN Blog

‘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.’

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EIN Blog, 16th January 2024

Source: www.ein.org.uk

Government facing legal challenge over withdrawal of active travel statutory guidance – Local Government Lawyer

‘A judicial review challenge of the Department for Transport’s decision to withdraw active travel guidance supporting travel by foot and bicycle has been launched.’

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Local Government Lawyer, 12th January 2024

Source: www.localgovernmentlawyer.co.uk

Sanjit Nagi: The Stranglehold of New Labour and Lord Irvine’s Rights-based Constitution – UK Constitutional Law Association

‘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.’

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UK Constitutional Law Association, 15th January 2024

Source: ukconstitutionallaw.org

‘Dangerous path to go down’: four legal experts on the Post Office exoneration bill – The Guardian

‘The government’s decision to pass a law overturning the convictions of post office operators has left many lawyers and judges uneasy.’

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The Guardian, 11th January 2024

Source: www.theguardian.com

Union reports MoD to watchdog over handling of sexual abuse allegations – The Guardian

‘The Ministry of Defence has been reported to the equalities watchdog after claims from female civil servants that it has failed adequately to address allegations of sexual harassment and assault. The union Prospect wrote to the Equality and Human Rights Commission (EHRC) asking for an investigation into whether the MoD was failing in its public sector equalities duty in relation to discrimination, harassment and victimisation. The EHRC will now have to decide whether to take action.’

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The Guardian, 14th January 2024

Source: www.theguardian.com

Asylum accommodation to be excluded from social housing landlords crackdown – The Guardian

‘Accommodation used to house tens of thousands of asylum seekers, often the worst in the UK when it comes to damp and mould, will be excluded from a crackdown on landlords managing social housing, the Guardian has learned.’

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The Guardian, 15th January 2024

Source: www.theguardian.com

Delays at Probate Service starting to ease, says minister – Legal Futures

Posted January 12th, 2024 in delay, government departments, HM Courts Service, news, probate, statistics by sally

‘Delays at the Probate Service are shortening in the wake of a “distinct improvement in recruitment, competency, productivity and call handling”, the government said this week.’

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Legal Futures, 12th January 2024

Source: www.legalfutures.co.uk

UK government admits Rwanda has ‘issues with its human rights record’ – The Guardian

Posted January 12th, 2024 in asylum, bills, deportation, government departments, human rights, immigration, news, Rwanda by sally

‘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.’

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The Guardian, 11th January 2024

Source: www.theguardian.com

An end to ‘a reasonable period’? Awaab’s Law – Nearly Legal

‘As you will doubtless recall, the Social Housing (Regulation) Act 2023 introduced a new section 10A Landlord and Tenant Act 1985, implying a term into all social tenancies that the landlord will comply with all “prescribed requirements” on responding to relevant defects to be specified in regulations – the framework for “Awaab’s Law”. A breach of section 10A would be actionable by the tenant in the County Court – quite possibly together with section 9A/10 and section 11.’

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Nearly Legal, 9th January 2024

Source: nearlylegal.co.uk