Jack Simson Caird and Ellis Paterson: Could the UK Courts Disapply Domestic Legislation to Enforce the Protocol on Ireland and Northern Ireland? – UK Constitutional Law Association

Posted February 19th, 2019 in brexit, constitutional law, EC law, Ireland, news, Northern Ireland by sally

‘If the Withdrawal Agreement is approved, then Parliament will be asked to legislate to give domestic legal effect to its content through the EU (Withdrawal Agreement) Bill. One of the most significant provisions of the Withdrawal Agreement, Article 4, purports to give the entire contents of the Withdrawal Agreement special status within the UK’s constitutional order. Even though the UK would no longer be a Member State, the effect of Article 4 (if implemented) would be to give all of the laws within the Withdrawal Agreement the equivalent legal effect of EU law within a Member State. As a result, the Protocol on Ireland and Northern Ireland (the Protocol), which forms part of the Withdrawal Agreement, would be supreme over any other domestic legislative provisions, and any provisions of the agreement which meet the conditions for direct effect would have direct effect. How the UK courts would be able to enforce this status will be determined by how the UK Parliament decides to legislate to give effect to Article 4 in the EU (Withdrawal Agreement) Act. It is probable that the Government will propose to give the courts the power to disapply domestic legislation inconsistent with the Withdrawal Agreement by replicating the effect of the European Communities Act 1972 (ECA 1972). Article 4 of the WA, as explored below, already includes the obligation to disapply provisions that contravene EU law. This post looks at the questions that might be raised if a UK court was ever asked to disapply domestic legislation on the basis that it was inconsistent with the Protocol. The potential constitutional effect of Article 4 is worth considering in view of the short time that Parliament is likely to have to consider the EU (Withdrawal Agreement) Bill. While the UK courts have been able to disapply domestic legislation since the European Communities Act 1972 (this power was more more fully explored in Benkharbouche v Sec’y of State for Foreign and Commonwealth Affairs in 2017 – see Alison Young’s helpful 2017 blog post on the outcome) was enacted, what is constitutionally novel about Article 4 is the proposal that the courts would be able to do so when the UK is no longer a Member State.’

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UK Constitutional Law Association, 19th February 2019

Source: ukconstitutionallaw.org

Teachers (and other public servants) pay – Employment Law Blog

‘Significant budgetary restraints. A significant deficit in the public finances. Does that all sound familiar? It is a feature not only in the United Kingdom but also in the Republic of Ireland. It is the context of Case C-154/18, Horgan and Keegan v Minister for Education and Skills, in which the Second Chamber of the ECJ gave Judgment on 14 February 2019, on a reference from the Irish Labour Court.’

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Employment Law Blog, 18th February 2019

Source: employment11kbw.com

Guildford pub bombings inquest to resume 45 years on – BBC News

Posted February 1st, 2019 in coroners, explosives, inquests, Ireland, miscarriage of justice, murder, news, terrorism by tracey

‘The inquest into the deaths of five people killed in the 1974 Guildford pub bombings will be resumed.’

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BBC News, 31st January 2019

Source: www.bbc.co.uk

Bungling police lost important documents in Guildford IRA bomb case, coroner hears – Daily Telegraph

Posted December 21st, 2018 in bereavement, coroners, documents, inquests, Ireland, miscarriage of justice, news, police, victims by tracey

‘Bungling police lost important documents in Guildford IRA bomb case, coroner hears.’

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Daily Telegraph, 20th December 2018

Source: www.telegraph.co.uk

The data protection bill is yet another legal threat to UK press freedom – The Guardian

‘Proposals to allow the information commissioner to assess journalists’ use of private information before publication could let the powerful off the hook.’

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The Guardian, 3rd December 2017

Source: www.theguardian.com

Brexit and the Irish Bar – Brexit Law

‘The Brexit vote has opened a Pandora’s box of uncertainties for UK lawyers, not least the issue of how leaving will affect their rights to practise in the EU.’

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Brexit Law, 6th October 2017

Source: brexit.law

Hundreds of UK lawyers register in Ireland in Brexit insurance move – The Guardian

Posted October 18th, 2016 in brexit, courts, EC law, Ireland, legal profession, news, rights of audience, solicitors by sally

‘More than 700 British solicitors have applied to register with the Law Society of Ireland this year as lawyers scramble to secure professional rights of audience in European courts.’

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The Guardian, 17th October 2016

Source: www.guardian.co.uk

Birmingham pub bombings: coroner orders new inquests – The Guardian

Posted June 2nd, 2016 in explosives, inquests, Ireland, miscarriage of justice, news, police, terrorism by sally

‘An inquest into the Birmingham pub bombings, one of the worst terrorist attacks in British history, is to be reopened 42 years after they claimed the lives of 21 people.’

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The Guardian, 1st June 2016

Source: www.guardian.co.uk

Birmingham pub bombings: Bombers will not be jailed – ex-IRA man – BBC News

Posted June 1st, 2016 in appeals, coroners, explosives, inquests, Ireland, news, terrorism by sally

‘The Birmingham coroner is to decide later whether to reopen inquests into the victims of the 1974 IRA pub bombings. But one former member of the terror group says the men behind the attacks will never be brought before a court.’

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BBC News, 1st June 2016

Source: www.bbc.co.uk

Birmingham pub bombings: Coroner to rule on resuming inquests – BBC News

Posted June 1st, 2016 in coroners, explosives, inquests, Ireland, news, terrorism by sally

‘A coroner is due to rule on whether the inquests into the deaths of 21 people in the Birmingham pub bombings will resume.’

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BBC News, 1st June 2016

Source: www.bbc.co.uk

Court of Appeal backs secret hearings as Government faces IRA and Iran cases – The Independent

Posted July 15th, 2015 in appeals, closed material, damages, human rights, Iran, Ireland, negligence, news by tracey

‘The Court of Appeal has cleared the way for the Government to apply for controversial secret court hearings as it faces being sued for damages by an IRA informant and Iranians subjected to asset freezing orders.’

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The Independent, 14th July 2015

Source: www.independent.co.uk

Guildford Four: An innocent man’s letters from jail – BBC News

Posted October 6th, 2014 in appeals, Ireland, news, police, prisons, prosecutions, terrorism by sally

‘In October 1989, the Guildford Four were released from jail. Their convictions for blowing up two pubs in the Surrey town during an IRA bombing campaign had been quashed.’

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BBC News, 4th October 2014

Source: www.bbc.co.uk

Regina (An Taisce (The National Trust for Ireland)) v Secretary of State for Energy and Climate Change – WLR Daily

Regina (An Taisce (The National Trust for Ireland)) v Secretary of State for Energy and Climate Change [2014] EWCA Civ 1111; [2014] WLR (D) 367

‘The Secretary of State was not required by Parliament and Council Directive 2001/92/EC to conduct a transboundary consultation with the Republic of Ireland before granting planning permission to construct a nuclear power station near the Irish state if he was convinced that it was not “likely to have significant effects on the environment in another member state”, within article 7 of the Directive.’

WLR Daily, 1st August 2014

Source: www.iclr.co.uk

The disunited kingdom: England, Ireland and Scotland – CrimeLine

Posted November 7th, 2013 in constitutional history, devolution, Ireland, news, Scotland, speeches by tracey

“A Lecture to the Denning Society, at Lincoln’s Inn by Lord Sumption on 5 November 2013.”

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CrimeLine, 6th November 2013

Source: www.crimeline.info

1215 and All That -Speech by the Rt Hon Lord Judge, Lord Chief Justice of England and Wales

Posted April 4th, 2012 in Ireland, legal history, magna carta, news by sally

1215 and All That (PDF)

Speech by the Rt Hon Lord Judge, Lord Chief Justice of England and Wales

Irish Legal History Society Lecture, 26th March 2012

Source: www.judiciary.gov.uk

City of Dublin Repeals Consultation – Law Commission

Posted August 15th, 2008 in Ireland, news, repeals, statute law revision by sally

“The Commission has identified some 40 Acts relating to the City of Dublin, spanning the years 1807 to 1920, and enacted by the UK Parliament during the period before Ireland was partitioned in 1922.”

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Law Commission, 15th August 2008

Source: www.lawcom.gov.uk

Related link: Statute Law Repeals: Consultatation Paper City of Dublin Repeal Proposal (PDF)