Government faces legal challenge over ‘unlawful segregation’ of asylum seekers – The Guardian

Posted October 26th, 2023 in asylum, housing, ministers' powers and duties, news, statutory duty by sally

‘The Home Office has been accused of unlawfully segregating asylum seekers from the local population based on their nationality by “falsely imprisoning” them on a remote Essex airbase.’

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The Guardian, 25th October 2023

Source: www.theguardian.com

Immigration Blog: Illegal Migration Act – An Asylum Apocalypse? – Garden Court Chambers

‘On 20 July 2023, the Illegal Migration Act 2023 (“IMA”) received Royal Assent and so passed into law. Whilst the detail of the Act’s provisions are complex, its message is simple: those entering without permission are not welcome in our home, and will not be allowed to remain. Though technically the Act applies to any person who enters the UK without permission, the clear focus of attention has been on asylum seekers.’

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Garden Court Chambers, 15th September 2023

Source: www.gardencourtchambers.co.uk

Dalston Projects Limited and others v Secretary of State for Transport – Blackstone Chambers

Posted August 29th, 2023 in detention, ministers' powers and duties, news, Russia, sanctions, ships by sally

‘High Court has handed down its first decision on an application brought under s.38 of the Sanctions, Anti-Money Laundering Act 2018 (“SAMLA”) in respect of the Russia (Sanctions) (EU Exit) Regulations 2019 (“Russia Sanctions Regulations”).’

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Blackstone Chambers, 21st July 2023

Source: www.blackstonechambers.com

Bring in new lobbying rules for ex-ministers by autumn, says watchdog – The Guardian

Posted July 27th, 2023 in civil servants, fines, lobbying, ministers' powers and duties, news by sally

‘No 10 should bring in new fines for ex-ministers who break the rules on lobbying in time for Rishi Sunak’s next reshuffle and tighten restrictions on former civil servants, the government watchdog has said.’

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The Guardian, 27th July 2023

Source: www.theguardian.com

Mike Gordon: Creating an Integrity and Ethics Commission in the UK: The Case for Reform and Challenges for Implementation – UK Constitutional Law Association

‘In an era of intense and continuing controversy over the rules of political responsibility, the question of how to reform the current framework of constitutional standards applicable to politicians requires serious consideration. In addition to the regularity with which allegations about ministerial irresponsibility are being raised and sometimes (eventually) addressed, there are clearly structural challenges relating to these accountability processes and practices. There are legitimate concerns about the consistency, certainty, efficacy, independence and transparency of decision-making in this context. These concerns apply to the way in which potential violations of ethical standards are investigated, and also to the way in which sanctions are (or are not – or are not for long) imposed on political actors who are found to have broken the rules. The systemic nature of the UK’s failings in this area shows the need to consider potentially radical constitutional reforms.’

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UK Constitutional Law Association, 22nd June 2023

Source: ukconstitutionallaw.org

New guidance needed to stop ministers putting friends on Whitehall boards – The Guardian

‘Ministers may be bringing in political “super-spads” through the backdoor by putting them on the boards of Whitehall departments, a leading committee of MPs has found, as it called for an overhaul of appointment rules.’

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The Guardian, 21st June 2023

Source: www.theguardian.com

New Judgment: R (on the application of VIP Communications Ltd (In Liquidation)) v Secretary of State for the Home Department [2020] UKSC 10 – UKSC Blog

‘This appeal raised an issue of statutory construction. It arises in the context of a type of equipment known as commercial multi-user GSM (Global Systems for Mobile Communications) gateway apparatus (“COMUGs”). GSM gateways are telecommunications equipment containing one or more SIM cards, as used in mobile phones. They enable phone calls and text messages from landlines to be routed directly on to mobile networks. When a call is routed through a GSM gateway, the only data transmitted over the network is the number and location of the SIM card in the GSM gateway. It does not transmit information such as the identity of the calling party and (in the case of a mobile phone) the user’s location, as would ordinarily be the case without a GSM gateway.’

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UKSC Blog, 8th March 2023

Source: ukscblog.com

Colin Pitchfork: MP to meet Raab over double child killer’s parole – BBC News

Posted March 2nd, 2023 in ministers' powers and duties, murder, news, parole, rape by tracey

‘Justice Secretary Dominic Raab has agreed to meet a Leicestershire MP to discuss concerns over the possible release of Colin Pitchfork.’

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BBC News, 1st March 2023

Source: www.bbc.co.uk

Anti-strike bill discriminates against women, say campaigners – The Guardian

‘Feminist campaign groups have raised the alarm about the government’s anti-strike bill, which will enforce minimum service levels, saying women’s rights will be disproportionately affected by the restrictions.’

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The Guardian, 21st February 2023

Source: www.theguardian.com

Lord Pannick: Meet the lawyer representing Boris Johnson and Manchester City – BBC News

‘How often does a member of the House of Lords get cheered from the football terraces?’

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BBC News, 14th February 2023

Source: www.bbc.co.uk

Judge lambasts education secretary over lack of secure places for children – The Guardian

‘The country’s most senior family judge has accused the education secretary of “complacency bordering on cynicism” in a scathing judgment that deplores the lack of secure, therapeutic placements in England and Wales for scores of children with complex needs at risk of taking their own lives.’

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The Guardian, 31st January 2023

Source: www.theguardian.com

Claimants say Government sewage overflow plan contrary to ancient common law rights in pre-action letter – Local Government Lawyer

‘A surfer and an oyster supplier have joined with the Good Law Project to threaten a judicial review of a Government plan they argue will allow the discharge of untreated sewage into water bodies to continue for decades, breaching their “ancient” common law rights under the Public Trust Doctrine (PTD).’

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Local Government Lawyer, 31st October 2022

Source: www.localgovernmentlawyer.co.uk

Michael Foran: Prime Ministers, Party Members, and the Efficient Secret – UK Constitutional Law Association

‘The office of Prime Minister is a creature entirely of constitutional convention. While legislation references the office itself, setting out pay for example, this is only statutory recognition of the existence of an office which arises purely by virtue of convention. It is by convention that the Monarch appoints as Prime Minister someone who is capable of commanding the confidence of the House of Commons and it is by convention that he exercises certain prerogative powers only on the advice of the Prime Minister (or another minister in his government). The mechanism for choosing a Prime Minister is, however, not entirely covered by convention. While they must command the confidence of a majority of MPs in the Commons, it is not necessary that they be chosen directly by the Commons. This is because of the party system and the presumption that the leader of a given party has the confidence of their MPs, even if they might not always have their full support.’

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UK Constitutional Law Association, 26th October 2022

Source: ukconstitutionallaw.org

Home Office reclassifies modern slavery as illegal immigration issue – The Guardian

‘The Home Office has taken the modern slavery brief away from the minister responsible for safeguarding and classed it as an “illegal immigration and asylum” issue, updated online ministerial profiles show.’

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The Guardian, 13th October 2022

Source: www.theguardian.com

Craig Barlow & Olivia Beach succeed in judicial review of Secretary of State for the Home Department’s unreasonable delay relocating the Claimant, breaching her Section 4(2) duty – 33 Bedford Row

‘Craig Barlow and Olivia Beach, a second six pupil in Chambers, have succeeded in a judicial review challenging the Secretary of State for the Home Department’s (“SSHD”) unreasonable delay in relocating the Claimant who suffers from severe medical issues.’

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33 Bedford Row, 17th August 2022

Source: www.33bedfordrow.co.uk

Joe Tomlinson, Naoise Coakley and Roisin Gambroudes: It’s a trap! The changing dynamics of executive engagements with judicial review – UK Constitutional Law Association

‘It is not surprising or new that the executive plays institutional chess with the courts. Judicial review, though concerned with legality, is functionally concerned with the control of governmental power and any review exercise by the courts–no matter how legitimate–is likely to be felt by officials as impacting upon their domain from time to time. If a system of judicial review did not make officials feel this way at least on occasion, it would not be a worthwhile system at all.’

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UK Constitutional Law Association, 28th July 2022

Source: ukconstitutionallaw.org

The Government’s Net Zero Strategy Ruled ‘Unlawful’ – Each Other

‘In a landmark victory, the High Court has ruled in favour of Friends of The Earth, ClientEarth and the Good Law Project, who took the Government to court over its Net Zero Strategy. Now that the policy has been deemed unlawful, the government must revise its strategy and lay out a credible plan for meeting emissions targets.’

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Each Other, July 2022

Source: eachother.org.uk

Stefan Theil: Henry VIII on steroids – executive overreach in the Bill of Rights Bill – UK Constitutional Law Association

‘Constitutional bombshells do not come along very often, most change is incremental and piecemeal – or at least that was the conventional wisdom that prevailed on the UK constitution for many decades. More recently, it appears that scarcely a month passes without suggestions, discussions, proposals, or enactments of far-reaching constitutional reforms – whether through government consultations, changes to the ministerial code, the political and legal constitution and devolution, or bills specifically introduced into Parliament to break international law.’

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UK Constitutional Law Association, 6th July 2022

Source: ukconstitutionallaw.org

Legislation aims to shield UK internet users from state-backed disinformation – The Guardian

‘Tech firms will be required to shield internet users from state-sponsored disinformation posing a threat to UK society and democracy, under changes to a landmark online safety bill.’

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The Guardian, 4th July 2022

Source: www.theguardian.com

Government will not challenge court ruling on care home discharge policies – The Independent

‘The Government has said it will not be appealing against a High Court ruling which stated its care home discharge policies were unlawful.’

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The Independent, 4th May 2022

Source: www.independent.co.uk