Northern Ireland – Page 2 – Current Awareness

The Good Friday Agreement and the European Convention on Human Rights – UK Human Rights Blog

Posted August 30th, 2023 in brexit, government departments, human rights, news, Northern Ireland by sally

‘On 11 August, a piece from Professor Richard Ekins KC (Hon) set out a case for the UK denouncing the European Convention on Human Rights (ECHR) and leaving the treaty system altogether. One of the main arguments in favour of this is that it would “restore Parliament’s freedom, on behalf of the British people, to decide what our laws should be”. This marks one of the more recent such calls, amid a growing chorus of Ministers in the UK Government and Conservative Party MPs to leave the ECHR. Also, it should be noted that we have been here before. The constitutional aspects of such a move aside, there are particular reasons why it would impact Northern Ireland. While Northern Ireland does not feature in Professor Ekins’ 11 August piece, he has previously written about the interaction between the ECHR and the Good Friday Agreement 1998 (GFA), which underpins the modern devolution settlement in Northern Ireland and which brought an end to a brutal and deadly conflict. This interaction is the subject of this post.’

UK Human Rights Blog, 29th August 2023

Source: ukhumanrightsblog.com

Protection of the public and the retrospective application of penalties – UK Human Rights Blog

Posted May 12th, 2023 in appeals, early release, Ministry of Justice, news, Northern Ireland, parole, prisons, rehabilitation, terrorism by sally

‘On 29 November 2019 Usman Khan attended a rehabilitation event at Fishmongers’ Hall and stabbed five people, two fatally. On 2 February 2020 Sudesh Amman attacked two passers-by in Streatham High Road with a knife before being shot dead by police. Both men had previously been convicted of terrorism offences. Both men had been automatically released on licence halfway through their custodial sentences.’

UK Human Rights Blog, 10th May 2023

Source: ukhumanrightsblog.com

Use of non-jury trial system to continue in NI – BBC News

Posted April 26th, 2023 in consultations, juries, news, Northern Ireland, terrorism, trial without jury, trials by sally

‘Non-jury trials will continue to be used in Northern Ireland, with the secretary of state saying the move is “regrettable” but necessary due to the security situation.’

BBC News, 25th April 2023

Source: www.bbc.co.uk

New Judgment: Morgan and others v Ministry of Justice (Northern Ireland) [2023] UKSC 14 – UKSC Blog

Posted April 20th, 2023 in declarations of incompatibility, early release, human rights, news, Northern Ireland, sentencing, Supreme Court, terrorism by sally

‘The respondents in this appeal were convicted of terrorism offences. On 13 November 2020, they were sentenced to determinate custodial sentences by Colton J. In accordance with the Criminal Justice (Northern Ireland) Order 2008 (the ‘2008 Order’), the judge specified a “custodial period” of half of the term of their sentences which gave rise to an obligation on the part of the Department of Justice to release the respondents on licence (e.g. living in the community while complying with set rules) when they had served half their sentences.’

UKSC Blog, 19th April 2023

Source: ukscblog.com

25 Years On: Is Northern Ireland Closer To A Bill Of Rights? – Each Other

Posted April 11th, 2023 in brexit, human rights, news, Northern Ireland by sally

‘For the last 25 years, following the Belfast (Good Friday) Agreement in 1998 – which helped bring conflict in Northern Ireland to an end – there has been a call for a dedicated Bill of Rights for Northern Ireland.’

Each Other, 6th April 2023

Source: eachother.org.uk

The Illegal Migration Bill and the Ireland/Northern Ireland Protocol: The return of the Charter of Fundamental Rights – UK Human Rights Blog

Posted March 31st, 2023 in asylum, bills, government departments, human rights, immigration, news, Northern Ireland by sally

‘This is not a post about the conflict between the provisions of the Illegal Migration Bill and the European Convention on Human Rights (an issue which has already attracted a considerable amount of critical academic commentary – see here and here). Instead, it is a post about the Bill’s potential conflict with the EU Charter of Fundamental Rights (“CFR”) and the UK’s commitments under the EU-UK Withdrawal Agreement, whether (and why) such a conflict matters in domestic law and how (if at all) that conflict could be resolved.’

UK Human Rights Blog, 31st March 2023

Source: ukhumanrightsblog.com

Sunak’s Windsor Compromise – City Law Forum

Posted March 15th, 2023 in brexit, EC law, government departments, news, Northern Ireland by sally

‘The Windsor Framework (WF) concluded between the UK and EU to resolve the difficulties associated with the Irish Border reflects a significant compromise, with the UK giving the most ground. The brainchild of a more pliant and technocratic Prime Minister than his two predecessors, Rishi Sunak’s WF is in many respects an agreement that should never have been needed. The new arrangement essentially compels the EU to do what it should have done under the original Northern Ireland Protocol, i.e. impose no unreasonable barriers to trade between Great Britain (GB) and Northern Ireland (NI) while maintaining sufficient safeguards that its Single Market would not be flooded with UK goods.’

City Law Forum, 10th March 2023

Source: blogs.city.ac.uk

Kacper Majewski: Re Allister: The End of ‘Constitutional Statutes’? – UK Constitutional Law Association

Posted February 23rd, 2023 in brexit, constitutional law, EC law, judicial review, news, Northern Ireland, prerogative powers, Supreme Court, treaties, ultra vires by sally

‘On 8 February, the Supreme Court handed down its unanimous judgment in Re Allister [2023] UKSC 5. What follows is an attempt to clarify the judgment’s significance for the doctrine of constitutional statutes, as first canvassed by Laws LJ in Thoburn v Sunderland City Council [2002] EWHC 195 (Admin).’

UK Constitutional Law Association, 21st February 2023

Source: ukconstitutionallaw.org

New Judgment: James Hugh Allister and others and Clifford Peeples v the Secretary of State for Northern Ireland and others [2023] UKSC 5 – UKSC Blog

Posted February 9th, 2023 in brexit, constitutional law, EC law, judicial review, news, Northern Ireland, prerogative powers, treaties, ultra vires by sally

‘These proceedings challenge the lawfulness of the Northern Ireland Protocol (“the Protocol”), which formed part of the agreement between the United Kingdom (“the UK”) and the European Union (“the EU”) regarding the UK’s exit from the EU. The Protocol was given legal effect by section 7A (“section 7A”) of the European (Withdrawal) Act 2018 (“the 2018 Act”).’

UKSC Blog, 8th February 2023

Source: ukscblog.com

Northern Ireland Protocol is lawful, Supreme Court rules – BBC News

Posted February 8th, 2023 in appeals, brexit, government departments, news, Northern Ireland, Supreme Court by sally

‘The Northern Ireland Protocol is lawful, the UK Supreme Court has ruled.’

BBC News, 8th February 2023

Source: www.bbc.co.uk

Omagh bombing: UK government announces independent statutory inquiry – BBC News

Posted February 3rd, 2023 in bereavement, families, government departments, inquiries, news, Northern Ireland, terrorism by michael

‘There will be an independent statutory inquiry into the Omagh bombing, the UK government has confirmed.’

BBC News, 2nd February 2023

Source: www.bbc.co.uk

Case Comment: R v Maughan (Northern Ireland) [2022] UKSC 13 – UKSC Blog

Posted January 24th, 2023 in criminal procedure, guilty pleas, news, Northern Ireland, sentencing by sally

‘In this post, Ross Ludlow, Legal Support Assistant at Matrix Chambers, comments on the case of R v Maughan (Northern Ireland) [2022] UKSC 13. This case considered the Northern Irish approach to reduction in sentence for defendants who plead guilty to offences at an early stage of proceedings.’

UKSC Blog, 23rd January 2023

Source: ukscblog.com

Protest and proportionality in the Supreme Court: The Safe Access Zones Bill Reference [2022] UKSC 32 – UK Human Rights Blog

Posted December 15th, 2022 in abortion, bills, devolution issues, harassment, news, Northern Ireland, Supreme Court by sally

‘Abortion in Northern Ireland has had a fraught and frequently distressing history. Until 2019 when the UK Parliament reformed the law, the jurisdiction had the most restrictive approach to abortion in the UK. But even this reform has not reformed the reality, either for those seeking abortion services or information and counselling on such services or for those who work at providers of such services lawfully. I have previously written about the situation as it stood in March 2021, and the reality has changed little since then, with two notable exceptions. In March 2022, the Northern Ireland Assembly passed the Abortion Services (Safe Access Zones) Bill (Northern Ireland) (“SAZ Bill”) to create buffer zones around lawful abortion providers, in an attempt to criminalise the harassment and intimidation of people who seek or work in such places. On 2 December 2022, tired of the glacial pace and political controversy in commissioning abortion services, the Secretary of State for Northern Ireland moved to commission such services himself. In the interim, the Attorney General for Northern Ireland (“AGNI”) referred the SAZ Bill to the UK Supreme Court to determine whether it was lawful.’

UK Human Rights Blog, 14th December 2022

Source: ukhumanrightsblog.com

New Acts – legislation.gov.uk

Posted December 14th, 2022 in legislation, Northern Ireland, telecommunications by sally

2022 c. 46 – Product Security and Telecommunications Infrastructure Act 2022

2022 c. 45 – Identity and Language (Northern Ireland) Act 2022

Source: www.legislation.gov.uk

Permacrisis in Public Law? With Sir Jonathan Jones KCB KC – Law Pod UK

Posted December 13th, 2022 in brexit, constitutional law, human rights, judicial review, news, Northern Ireland, standards by sally

‘Emma-Louise Fenelon speaks with Jonathan Jones about recent developments in UK public law and the Constitution. The discussion covers recent political turbulence, the Union, the Northern Ireland Protocol, Judicial Review reforms, Human Rights Act reforms and standards and ethics in public life.’

Law Pod UK, 12th December 2022

Source: audioboom.com

Colin Murray: A New Period of “Indirect” Direct Rule – The Northern Ireland (Executive Formation etc) Bill – UK Constitutional Law Association

Posted November 30th, 2022 in bills, brexit, constitutional law, EC law, government departments, news, Northern Ireland by sally

‘Only a few short months on from the passing of the Northern Ireland (Ministers, Elections and Petitions of Concern) Act 2022 and legislation is once again before Westminster to amend the Northern Ireland Act 1998 – as everyone knew that it would be. One of the key innovations in the 2022 Act, belatedly giving effect to a proposal in the New Decade, New Approach Agreement of January 2020, was that during its 24-week post-election period Northern Ireland Executive ministers would continue to hold office and take decisions within their remit. This period prevented what Lord Bingham referred to in Robinson as a “persisting vacuum in the conduct of devolved government” (para 15). Its extended duration under the 2022 legislation was intended to provide a sufficient window after an election for a new power sharing administration to be formed, but to keep a count-down to new elections in place to focus Northern Ireland’s major parties towards that end. This arrangement, however, has proven no more effective as an impetus than the terms that it replaced.’

UK Constitutional Law Association, 29th November 2022

Source: ukconstitutionallaw.org

Government legacy bill risks breaches of human rights law, committee finds – The Independent

Posted October 26th, 2022 in bills, civil justice, criminal justice, government departments, human rights, inquests, news, Northern Ireland, select committees by sally

‘Proposed Government legislation to deal with the legacy of Northern Ireland’s Troubles risks widespread breaches of human rights law, a Westminster committee has found.’

The Independent, 26th October 2022

Source: www.independent.co.uk

Northern Ireland Protocol Bill: Peers set to scrutinise it line-by-line – BBC News

Posted October 25th, 2022 in amendments, bills, brexit, news, Northern Ireland by sally

‘The Northern Ireland Protocol Bill moves to its next stage in the House of Lords on Tuesday.’

BBC News, 25th October 2022

Source: www.bbc.co.uk

Liz Truss: The New Prime Minister’s Human Rights Record – Each Other

Posted September 6th, 2022 in asylum, bills, brexit, environmental protection, equality, human rights, immigration, news, Northern Ireland by sally

‘Liz Truss has just been voted by Conservative peers and members to be the next prime minister. The former secretary of state for foreign, commonwealth and development affairs has a track record of voting against human rights progression in the UK and as prime minister will be involved in policy decisions that will radically change rights protections. The first targets? Replacing the Human Rights Act (HRA) with a Bill of Rights and potentially withdrawing from the European Convention on Human Rights.’

Each Other, 5th September 2022

Source: eachother.org.uk

Is The Northern Ireland Troubles Legacy Bill ‘Fatally’ Flawed? – Each Other

Posted August 10th, 2022 in bills, human rights, news, Northern Ireland, terrorism, unlawful killing by sally

‘Human rights and civil liberty groups have criticised the government’s proposals to grant an effective amnesty for crimes committed as part of the Troubles in Northern Ireland. The ‘Troubles’ is a term used to describe a period of conflict in Northern Ireland that lasted over 30 years, up until the Good Friday Agreement was signed in 1998. The Northern Ireland Troubles (Legacy and Reconciliation) Bill attempts to address more than 1,000 unsolved killings. Now, rights groups have said the Bill violates the UK’s human rights obligations.’

Each Other, 10th August 2022

Source: eachother.org.uk

«
1
2
3
4
5
6
7
…
10
»

Archives