Appeal judges uphold ruling on ministerial failure to take into account earlier decision – Local Government Lawyer

Posted June 21st, 2018 in appeals, ministers' powers and duties, news, planning by tracey

‘The Secretary of State for Communities and Local Government was wrong to decide a planning appeal without referring to a decision he reached shortly before on a similar issue in the same area, the Court of Appeal has said.’

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Local Government Lawyer, 20th June 2018

Source: www.localgovernmentlawyer.co.uk

Government wins appeal over LGPS and guidance on boycotts and divestment – Local Government Lawyer

‘The Court of Appeal has allowed an appeal by the government over a ruling that the Communities Secretary acted unlawfully when he issued statutory guidance on the investment strategy for the local government pension scheme (LGPS) that sought to prevent boycotts, divestment and sanctions against foreign nations and UK defence industries.’

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Local Government Lawyer, 8th June 2018

Source: www.localgovernmentlawyer.co.uk

Councils mull legal action over government direction to cut newspaper editions – Local Government Lawyer

‘Two London boroughs are considering whether to launch a judicial review challenge to directions by the government requiring them to only publish four issues of their newspapers a year, it has emerged.’

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Local Government Lawyer, 4th June 2018

Source: www.localgovernmentlawyer.co.uk

New internet laws pledged as social media firms snub talks – BBC News

Posted May 21st, 2018 in bills, data protection, internet, ministers' powers and duties, news by sally

‘The culture secretary has agreed he does not have enough power to police social media firms after admitting only four of 14 invited to talks showed up.’

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BBC News, 20th May 2018

Source: www.bbc.co.uk

UK ministers blocking appointments to rights watchdog, say lawyers – The Guardian

‘The Equality and Human Rights Commission is running short of board members and struggling to fulfil its duties because, lawyers allege, ministers are repeatedly vetoing appointments on political grounds.’

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The Guardian, 18th December 2017

Source: www.theguardian.com

Robert Craig: The Fall-out from Evans: Positioning Roszkowski and Privacy International in a Post-Evans Constitutional Landscape (Part 1) – UK Constitutional Law Association

‘Two recent Court of Appeal decisions raise some interesting constitutional questions about the status of Tribunals in the UK legal system. This post (in two parts) seeks to explore some of the implications and suggests that a key constitutional principle, the separation of powers, has once again been neglected. The two cases are Roszkowski v Secretary State for the Home Department (‘Roszkowski’) and R (Privacy International) v Investigatory Powers Tribunal (‘Privacy International’). Privacy International has received considerably more coverage than Roszkowski and is rumoured to be on the way to the Supreme Court. It has already been addressed on this blog by Thomas Fairclough and elsewhere by Mark Elliott. Roszkowski explores the implications of an important and controversial Supreme Court case, R (Evans) v Attorney General (‘Evans’) and contains some critical comment on the reasoning of Lord Neuberger in that case.’

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UK Constitutional Law Association, 8th December 2017

Source: ukconstitutionallaw.org

Prison inspectors given powers to alert minister to urgent problems – The Guardian

Posted November 30th, 2017 in ministers' powers and duties, news, notification, prisons, reports by tracey

‘The justice secretary, David Lidington, has unveiled a series of measures that the government hopes will urgently tackle failing prisons in England and Wales. From Thursday, the chief inspector of prisons has been given new powers to alert the justice secretary directly of any urgent and severe problems he finds during a jail inspection.’

Full press release

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The Guardian, 30th November 2017

Source: www.theguardian.com

Government reiterates plans for EU-UK data flows post-Brexit amidst criticism of Data Protection Bill powers – OUT-LAW.com

‘The UK government has reiterated its plans to establish an agreement with the remainder of the EU member states that will allow personal data to flow across borders unhindered post-Brexit.’

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OUT-LAW.com, 30th October 2017

Source: www.out-law.com

Foreign Office wants rendition case against Jack Straw to be held in private – The Guardian

‘The Foreign Office is asking the high court to sit in secret when former foreign secretary Jack Straw faces a damages claim over his alleged role in the abduction and torture of a Libyan dissident and his pregnant wife.’

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The Guardian, 29th June 2017

Source: www.theguardian.com

Jeremy Hunt and NHS ‘delayed telling patients’ about mislaid confidential documents after private firm blunder – The Independent

Posted June 27th, 2017 in data protection, health, ministers' powers and duties, news, privacy, reports by tracey

‘Jeremy Hunt has been accused of leaving Parliament and patients in the dark after hundreds of thousands of pieces of confidential medical correspondence was discovered “languishing in a warehouse”. At least 1,700 patients may have been harmed by the major blunder, according to a new report into the incident from the National Audit Office (NAO).’

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The Independent, 27th June 2017

Source: www.independent.co.uk

Minister acted unlawfully in issuing boycotts ban for LGPS investment, judge rules – Local Government Lawyer

‘The Communities Secretary acted for an unauthorised purpose and therefore unlawfully when he issued statutory guidance on the investment strategy for the local government pension scheme (LGPS) that sought to prevent boycotts, divestment and sanctions against foreign nations and UK defence industries.’

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Local Government Lawyer, 23rd June 2017

Source: www.localgovernmentlawyer.co.uk

No bans on local authority disinvestment decisions – UK Human Rights Blog

‘Many people like to have a say over the investment policies of their pension funds. They may not want investment in fossil fuels, companies with questionable working practices, arms manufacturers, Israel or indeed any company which supports Israel’s occupation of the West Bank and Gaza Strip – to choose but a few of people’s current choices. And pension funds, left to their own devices, may wish to adopt one or more of these choices to reflect their pensioners’ views.’

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UK Human Rights Blog, 25th June 2017

Source: ukhumanrightsblog.com

Foreign criminals’ deportation scheme ruled unlawful – UK Human Rights Blog

‘R (Kiarie) v Secretary of State for the Home Department; R (Byndloss) v Secretary of State for the Home Department [2017] UKSC 42. The Government’s flagship scheme to deport foreign criminals first and hear their appeals later was ruled by the Supreme Court to be incompatible with the appellants’ right to respect for their private and family life.’

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UK Human Rights Blog, June 15th 2017

Source: ukhumanrightsblog.com

Colin Harvey and Daniel Holder: The Great Repeal Bill and the Good Friday Agreement – Cementing a Stalemate or Constitutional Collision Course? – UK Constitutional Law Association

‘As predicted, Brexit is proving to be profoundly destabilising for the peace process and the constitutional politics of Northern Ireland. An outcome that lacks the consent of the people of Northern Ireland (a majority voted to remain) is re-opening fundamental questions about future relationships across these islands. We argue that this constitutional mess has potentially created a ‘perfect storm’, and leaves many here struggling with the troubling consequences.’

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UK Constitutional Law Association, 6th June 2017

Source: ukconstitutionallaw.org

UK government sued for third time over illegal air pollution from diesels – The Guardian

‘Environmental lawyers are taking the government to the high court for a third time in a bid to remove “major flaws” from minister’s plans to tackle the UK’s illegal levels of air pollution.’

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The Guardian, 31st May 2017

Source: www.theguardian.com

Diary of a Wimpy Minister – Panopticon

‘A mere three years ago, the FTT held that the Ministerial Diary of Andrew Lansley was relevantly held under FOIA and was not exempt under section 35(1)(b). Now the Court of Appeal has held, in Department of Health v Information Commissioner & Lewis [2017] EWCA Civ 374, that the FTT made no error. The fact that no-one can now remember who Andrew Lansley was (now Lord Lansley CBE thank you) or why anyone would care, is by-the-by.’

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Panopticon, 25th May 2017

Source: www.panopticonblog.com

Government fails to block release of Andrew Lansley diary portions – The Guardian

‘Court rules in favour of journalist Simon Lewis who made FoI request to see diary passages from period of health reforms.’

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The Guardian, 24th May 2017

Source: www.guardian.co.uk

Ministers ‘should have legal duty to combat rise in prison suicides’ – The Guardian

Posted May 3rd, 2017 in ministers' powers and duties, news, prisons, suicide by tracey

‘The next government should introduce legislation to “end the shocking rise in self-harm and suicides in prisons”, a cross-party group of MPs and peers has reported.’

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The Guardian, 2nd May 2017

Source: www.guardian.co.uk

Blair prosecution opposed by attorney general, says paper – BBC News

Posted April 18th, 2017 in Iraq, ministers' powers and duties, news, private prosecutions, reports, war by sally

‘The attorney general hopes to block a private prosecution against Tony Blair over the Iraq war, a report says.’

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BBC News, 17th April 2017

Source: www.bbc.co.uk

Justice Secretary Liz Truss ‘could be stripped of Lord Chancellor role’ after series of mishaps – The Independent

‘Cabinet ministers are reportedly urging Theresa May to sack Liz Truss from her role as Lord Chancellor after a series of embarrassing mistakes.’

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The Independent, 6th April 2017

Source: www.independent.co.uk