No case for rewriting FoI Act, says information commissioner – The Guardian

‘Advice given to ministers by civil servants should not be excluded from freedom of information legislation, according to the official responsible for overseeing the workings of the act.’

Full story

The Guardian, 20th January 2016

Source: www.guardian.co.uk

Terrorism Act incompatible with human rights, court rules in David Miranda case – The Guardian

‘A key clause in the Terrorism Act 2000 is incompatible with the European convention on human rights, the master of the rolls, Lord Dyson, has declared as part of a court of appeal judgment.’

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The Guardian, 19th January 2016

Source: www.guardian.co.uk

Bringing the law on firearms up to date – Law Commission

Posted December 17th, 2015 in firearms, Law Commission, legislation, press releases, reports by sally

‘In a report published today, we make recommendations to solve pressing problems that undermine the effectiveness of the law governing the acquisition and possession of firearms. The existing law is confused, unclear and difficult to apply. There are over 30 pieces of overlapping legislation, some of the key terminology – such as “lethal”, “component part” and “antique” – is not clearly defined, and the law has fallen out of step with developments in technology.’

Full press release

Law Commission, 16th December 2015

Source: www.justice.gov.uk/lawcommission

Outdated marriage law in need of reform – Law Commission

Posted December 17th, 2015 in Law Commission, legislation, marriage, press releases, reports by sally

‘The law that governs how and where couples in England and Wales can marry is badly in need of reform, according to the Law Commission.’

Full press release

Law Commission, 17th December 2015

Source: www.lawcom.gov.uk

Ex-civil service chief criticises government for attempts to curb FoI legislation – The Guardian

Posted December 15th, 2015 in civil servants, freedom of information, legislation, news by sally

‘The UK government’s reasons for curbing freedom of information laws have been challenged by Lord Kerslake, the former head of the civil service.’

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The Guardian, 15th December 2015

Source: www.guardian.co.uk

‘Dark ages’ warning issued over freedom of information changes – The Guardian

Posted December 8th, 2015 in freedom of information, legislation, news by sally

‘Exempting advice given to ministers from freedom of information requests risks returning the UK to the “dark ages” of “private government”, the information commissioner has warned. Christopher Graham told a review into the legislation that changes to FoI being considered by a government commission could lead to a blanket ban on all advice being made available to the public.’

Full story

The Guardian, 7th December 2015

Source: www.guardian.co.uk

Graham John Wheeler: When Should the Lords Reject Secondary Legislation? – UK Constitutional Law Association

‘On 26 October 2015, the House of Lords debated the Tax Credits (Income Thresholds and Determination of Rates) (Amendment) Regulations 2015. The Regulations were approved, but subject to two riders. Critics claimed that these riders constituted “fatal” amendments, and that they were therefore tantamount to a rejection of the legislation. It was argued that it is constitutionally improper for the House of Lords to reject financial legislation in this way.’

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UK Constitutional Law Association, 7th December 2015

Source: www.ukconstitutionallaw.org

Don’t Fast-Track the Investigatory Powers Bill: A reply to Lord Carlile – Natasha Simonsen and Cian Murphy – UK Human Rights Blog

Posted November 17th, 2015 in bills, investigatory powers, legislation, news, terrorism by sally

‘Lord Carlile QC, former Independent Reviewer of Terrorism Legislation, has said that in the aftermath of the Paris attacks last weekend, Parliament should fast-track the Investigatory Powers Bill into law. Given his extensive experience in the field, Lord Carlile’s views should not be taken lightly. But Lord Carlile is wrong. To fast-track the Investigatory Powers Bill is undesirable and unnecessary. It would also end a crucial public conversation in a wrong-headed paroxysm of governmental action.’

Full story

UK Human Rights Blog, 16th November 2015

Source: www.ukhumanrightsblog.com

Let magistrates deal with more assault cases, says law reform body – The Guardian

Posted November 3rd, 2015 in assault, courts, Law Commission, legislation, magistrates, news, reports, violence by sally

‘Magistrates courts should be empowered to deal with thousands more assault charges every year rather than sending too many cases for expensive trial in the crown court, the Law Commission has said.’

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The Guardian, 3rd November 2015

Source: www.guardian.co.uk

Reform violent crime laws and re-name GBH and ABH offences, say experts – Daily Telegraph

Posted November 3rd, 2015 in assault, crime, Law Commission, legislation, news, reports, violence by sally

”Archaic’ language on violent crime dating back more than 150 years must be updated, says Law Commission.’

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Daily Telegraph, 3rd November 2015

Source: www.telegraph.co.uk

Government accused of trying to water down Freedom of Information Act – The Guardian

Posted October 20th, 2015 in freedom of information, legislation, media, news by sally

‘The government has been accused of a “cynical and dangerous” attempt to water down important freedom of information legislation in a campaign uniting journalists and supporters of press freedom launched on Monday.’

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The Guardian, 19th October 2015

Source: www.guardian.co.uk

Ad campaign aims to rally support to save Human Rights Act – The Guardian

Posted October 20th, 2015 in advertising, bills, human rights, legislation, news, repeals by sally

‘The battle to save the Human Rights Act takes to the streets this week with crowdfunded billboards focusing on those who have used the legislation to obtain justice.’

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The Guardian, 19th October 2015

Source: www.guardian.co.uk

Blackstone’s Statutes: top legislation – OUP Blog

Posted September 28th, 2015 in conveyancing, EC law, human rights, leases, legislation, mental health, news by sally

‘With the recent publication of the 2015-2016 editions of the Blackstone’s Statutes series, we asked some of the authors to select a piece of legislation from the series that has the most impact on their subject area.’
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OUP Blog, 28th September 2015

Source: www.oupblog.com

New Freedom of Information review will shut down access, campaigners warn – Daily Telegraph

Posted September 22nd, 2015 in freedom of information, inquiries, legislation, news by sally

‘Over 140 organisations have written to the Prime Minister expressing ‘serious concern’ at his review of the Freedom of Information rules.’
Full story

Daily Telegraph, 22nd September 2015

Source: www.telegraph.co.uk

New insolvency legislation: A guide to the new Deregulation Act 2015 and Small Business, Enterprise and Employment Act 2015 – Hardwicke Chambers

Posted July 28th, 2015 in administration orders, insolvency, legislation, news by sally

‘The Small Business, Enterprise and Employment Act 2015 (SEEBA) and the Deregulation Act 2015 were added to the statute book on 26 March. Both contain provisions that make significant changes to the Insolvency Act 1986.’

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Hardwicke Chambers, 10th June 2015

Source: www.hardwicke.co.uk

Lack of anti-extremist legislation hasn’t hampered watchdog, says Ofcom chief – The Guardian

‘Ofcom chief executive Sharon White has said the regulator has not been hampered by lack of legislation in cracking down on extremist broadcasts following David Cameron said it should be given beefed-up powers to tackle the issue.’

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The Guardian, 21st July 2015

Source: www.guardian.co.uk

HRA Watch: Reform, Repeal, Replace? Elizabeth Stokes: Prisoners’ Rights in Context: What Future under a British Bill of Rights? – UK Constitutional Law Association

Posted July 21st, 2015 in bills, human rights, legislation, news, prisons by sally

‘As we contemplate the potential demise of the Human Rights Act 1998 in the UK (in no small part due to the decision in Hirst (No2) and its domestic application) it is worth considering what all this means for the protection of prisoners’ human rights in our domestic sphere, and the potential of either the courts or our democratic processes to recognise them.’

Full story

UK Constitutional Law Association, 20th July 2015

Source: www.ukconstitutionallaw.org/blog

Divisional Court strikes down DRIPA communications data law – UK Human Rights Blog

Posted July 21st, 2015 in conflict of laws, EC law, electronic mail, human rights, legislation, news by sally

‘R (ota Davis et al) v. Secretary of State for Home Department [2015] EWHC 2092 – 17 July 2015. When a domestic Act of Parliament is in conflict with EU law, EU law wins. And when a bit of the EU Charter (given effect by the Lisbon Treaty) conflicts with an EU Directive, the EU Charter wins. Which is why the Divisional Court found itself quashing an Act of Parliament on Friday – at the behest of four claimants, including two MPs, the Tories’ David Davis and Labour’s Tom Watson.’

Full story

UK Human Rights blog, 19th july 2015

Source: www.ukhumanrightsblog.com

Data protection regulator launches staunch defence of Freedom of Information Act – The Independent

Posted July 7th, 2015 in data protection, freedom of information, legislation, news by sally

‘The regulator in charge of data protection and consumer protection has given a staunch defence of Britain’s embattled transparency laws, only days after Justice Secretary Michael Gove confirmed he was considering a crackdown on freedom of information laws.’
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The Independent, 2nd July 2015

Source: www.independent.co.uk

Criminal law changes – Law Society’s Gazette

‘Offender Rehabilitation Act

This act came into force on 1 February 2015 for sentences imposed on or after that date. This is important for any defendant who receives a sentence of more than one day but less than two years, and who is over 18 on the day of their release. They will now be required to spend a total of one year either on licence or on supervision under the provisions introduced by this statute (section 256AA of the Criminal Justice Act 2003).’

Full story

Law Society’s Gazette, 15th June 2015

Source: www.lawgazette.co.uk