Category: Northern Ireland

Law Pod UK Episode 5: Further ruling on NI abortion rights, Charlie Gard, and transgender in Ultra-Orthodox Jewish community – 1 COR

Posted July 11th, 2017 in abortion, children, human rights, Judaism, medical treatment, news, Northern Ireland, transgender persons by sally

‘Sarah Jane Ewart and Rosalind English discuss the latest developments in access to abortion for Northern Irish women, the lessons to be learned from the Charlie Gard case, and the difficult decision that the courts had to reach when considering the best interests of children in an Ultra-Orthodox Jewish family, where the father had left the community as a transgender person.’

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Law Pod UK, 6th July 2017

Source: audioboom.com

May’s deal with DUP faces legal challenge from crowdfunding campaign – The Guardian

Posted July 10th, 2017 in agreements, bribery, international law, news, Northern Ireland, parliament, political parties by sally

‘A crowdfunding campaign has been launched to raise funds for a potential legal challenge to Theresa May’s parliamentary deal with the Democratic Unionist party, on the grounds that it breaches the Good Friday agreement.’

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The Guardian, 9th July 2017

Source: www.theguardian.com

Theresa May faces legal challenge over proposed deal with DUP – The Guardian

Posted June 21st, 2017 in agreements, constitutional law, judicial review, news, Northern Ireland, treaties by sally

‘Theresa May is facing a landmark legal challenge over her proposed deal with the Democratic Unionist party on the grounds that it breaches the Good Friday agreement.’

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The Guardian, 20th June 2017

Source: www.theguardian.com

Brexit: Butlins owner Peter Harris gets EU referendum fine – BBC News

Posted June 21st, 2017 in advertising, elections, fines, news, Northern Ireland, political parties by sally

‘Millionaire Butlins owner Peter Harris has been given the Electoral Commission’s biggest financial penalty for breaking spending return rules during the EU referendum.’

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BBC News, 20th June 2017

Source: www.bbc.co.uk

NI Abortion Refugees: further thoughts – UK Human Rights Blog

Posted June 19th, 2017 in abortion, appeals, devolution, health, human rights, news, Northern Ireland, refugees, Supreme Court by sally

‘Was it unlawful for the Secretary of State for Health, who had power to make provisions for the functioning of the National Health Service in England, to have failed to make a provision which would have enabled women who were citizens of the UK, but who were usually resident in Northern Ireland, to undergo a termination of pregnancy under the NHS in England free of charge?’

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UK Human Rights Blog, 15 June 2017

Source: ukhumanrightsblog.com

Supreme court narrowly rejects Northern Ireland free abortions appeal – The Guardian

Posted June 15th, 2017 in abortion, appeals, costs, health, news, Northern Ireland, Supreme Court, women by sally

‘The supreme court has ruled that women from Northern Ireland are not entitled to free access to abortions on the NHS, a decision that was condemned by campaigners as a “further blow to women” from the region.’

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The Guardian, 14th June 2017

Source: www.theguardian.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

Posted June 7th, 2017 in agreements, bills, brexit, consent, constitutional law, devolution, devolution issues, EC law, international relations, legislation, ministers' powers and duties, news, Northern Ireland, political parties, referendums, repeals, treaties by sally

‘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

First ‘snapshot’ of gender pay gap due as reporting requirements come into force – OUT-LAW.com

Posted April 5th, 2017 in disclosure, employment, equal pay, news, Northern Ireland, regulations, statistics by sally

‘Large UK employers will begin publishing their gender pay gaps over the coming months, based on the pay which their employees receive within the pay period in which today’s date falls.’

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OUT-LAW.com, 5th April 2017

Source: www.out-law.com

Banns of marriage – their development and future – Law & Religion UK

Posted February 23rd, 2017 in Church of England, disclosure, marriage, news, Northern Ireland, Scotland, Wales by sally

‘The legal requirement to read banns for couples intending to marry in church services was considered by members of the Church of England General Synod on 14 February 2017. Though Synod rejected moves that sought to end this “ecclesiastical preliminary” to marriage, important arguments were cited both for their retention and for their removal. In this post, we summarize the development and current usage in England and Wales, Scotland and the two jurisdictions in Ireland, and examine possible future directions.’

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Law & Religion UK, 23rd February 2017

Source: www.lawandreligionuk.com

Unmarried woman wins pension battle – BBC News

Posted February 8th, 2017 in appeals, cohabitation, human rights, marital status discrimination, marriage, news, Northern Ireland, pensions, Supreme Court by sally

‘A woman who lost her long-term partner has won a legal battle that is likely to improve the pension rights of unmarried couples in the public sector.’

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BBC News, 8th February 2017

Source: www.bbc.co.uk

A ‘Poke’ in the Eye for Claims against Facebook – Panopticon

Posted January 9th, 2017 in appeals, data protection, EC law, electronic commerce, internet, misuse of private information, news, Northern Ireland by sally

‘The “internet has not alone changed our lives but it has also changed our vocabulary. A tablet is no longer made of stone, a bit does not help guide a horse and a cookie is more likely to affect your privacy than alleviate the pangs of hunger between meals!” A lengthy Christmas cracker joke? No, the observations – in excellent ‘Dad-joke’ style – of the Northern Ireland Court of Appeal in CG v Facebook Ireland Ltd & McCloskey (MOR10142) (Morgan LCJ, Gillen & Weatherup LJJ) at [54].’

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Panopticon, 6th January 2017

Source: www.panopticonblog.com

Kenneth Campbell QC: Sand in the Gearbox: Devolution and Brexit – UK Constitutional Law Association

Posted September 5th, 2016 in brexit, constitutional law, devolution, EC law, news, Northern Ireland, referendums, Scotland by sally

‘In the immediate aftermath of the EU referendum result, political comment from a number of quarters suggested that the Scottish Parliament could vote to block Brexit. For the comprehensive reasons given by Mark Elliott on his blog, that was a triumph of hope over the constitutional competence of the institution. However, that is not to say that the structures of devolution do not have a significant role in the working out of Brexit, and may yet act as a trigger for wider constitutional change. This post will suggest that the place of the devolved institutions has been underplayed in the debate thus far, and seeks to identify some of the issues which will require to be addressed. These include: the operation of the Sewel convention and other steps to take account of the interests of devolved areas, discussions around the place of Scotland in the EU, and some effects on structures in Northern Ireland.’

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Constitutional Law Association, 5th September 2016

Source: www.ukconstitutionallaw.org

Jo Murkens: Brexit: The Devolution Dimension – UK Constitutional Law Association

Posted June 28th, 2016 in constitutional law, constitutional reform, devolution, news, Northern Ireland, Scotland, Wales by sally

‘The results of the third nation-wide referendum in the United Kingdom are still sinking in at home and around the world. Just below 52% voted to leave the European Union, just over 48% voted to remain. The widespread conclusion is that the UK must leave the EU.’

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UK Constitutional Law Association, 28th June 2016

Source: www.ukconstitutionallaw.org

Richard Kirkham: JR55: Five Activist Strategies a Judge Should Avoid – UK Constitutional Law Association

Posted June 2nd, 2016 in interpretation, judgments, legislation, news, Northern Ireland, ombudsmen, regulations by sally

‘The ruling of the Supreme Court in JR55 raises a host of issues which deserve a much fuller analysis than can be developed in this post. The best reading of the case is that its impact is largely isolated to the Northern Ireland Commissioner for Complaints scheme involved, an ombudsman scheme which closed on 1st April as a result of the Public Services Ombudsman Act (Northern Ireland) 2016.’

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UK Constitutional Law Association, 30th May 2016

Source: www.ukconstitutionallaw.org

British bill of rights could ‘unravel’ constitution, say MPs – The Guardian

Posted May 9th, 2016 in armed forces, consent, constitutional law, devolution, EC law, enforcement, human rights, inquiries, international law, news, Northern Ireland, referendums, Scotland, select committees by sally

‘The government’s proposed bill of rights will hamper the fight against crime, undermine the UK’s international moral authority and could start “unravelling” the constitution, a cross-party parliamentary committee is warning.’

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The Guardian, 9th May 2016

Source: www.guardian.co.uk

Bloody Sunday: Ex-soldiers win High Court fight over questioning in Northern Ireland – Daily Telegraph

Posted December 17th, 2015 in armed forces, demonstrations, news, Northern Ireland, police by sally

‘Former paratroopers who face questioning over Bloody Sunday have won their High Court battle against being detained and transferred to Northern Ireland for interview by police.’

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Daily Telegraph, 17th December 2015

Source: www.telegraph.co.uk

Regina (A and another) v Secretary of State for Health (Alliance for Choice intervening) – WLR Daily

Posted July 30th, 2015 in abortion, appeals, health, human rights, law reports, Northern Ireland by sally

Regina (A and another) v Secretary of State for Health (Alliance for Choice intervening) [2015] EWCA Civ 771; [2015] WLR (D) 335

‘It was entirely logical for the Secretary of State for Health in the exercise of his duty under section 3 of the National Health Service Act 2006 to provide a range of NHS services including abortion services throughout the United Kingdom on the basis of local residence. The Secretary of State was not obliged to exercise his discretion so as to extend free abortion services to women from Northern Ireland and failure to supply such a service was not a breach of rights under the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 22nd July 2015

Source: www.iclr.co.uk

Facebook, child protection and outsourced monitoring – Panopticon

Posted July 23rd, 2015 in children, data protection, internet, news, Northern Ireland, privacy by sally

‘Facebook is no stranger to complaints about the content of posts. Usually, one user complains to Facebook about what other users’ posts say about him. By making the offending posts available, Facebook is processing the complainant’s personal data, and must do so in compliance with data protection law.’
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Panopticon, 22nd Juyl 2015

Source: www.panopticonblog.com

Open Consultation: Codes of practice issued under the Proceeds of Crime Act 2002 (POCA) – Home Office

Posted July 10th, 2015 in assets recovery, codes of practice, consultations, Northern Ireland, proceeds of crime by sally

“The operation of certain powers within POCA are subject to guidance issued by the Secretary of State in various codes of practice. The existing codes need updating due to certain provisions in the Serious Crime Act 2015 and the full extension of POCA powers to Northern Ireland.’

Full press release

Home Office, 10th July 2015

Source: www.gov.uk/home-office

Gaughran v Chief Constable of the Police Service of Northern Ireland (Secretary of State for the Home Department intervening – WLR Daily

Posted May 15th, 2015 in criminal records, DNA, human rights, law reports, Northern Ireland, police by sally

Gaughran v Chief Constable of the Police Service of Northern Ireland (Secretary of State for the Home Department intervening: [2015] UKSC 29; [2015] WLR (D) 214

‘The policy in Northern Ireland, England and Wales of retaining indefinitely the DNA samples and other information obtained from persons who were arrested and subsequently convicted of an offence was proportionate and justified, and was within the margin of appreciation afforded to member states. A convicted person’s the right to respect for his private life guaranteed by article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms was therefore not infringed when the police refused to give him an assurance that his DNA samples would be destroyed.’

WLR Daily, 13th May 2015

Source: www.iclr.co.uk