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.’

Full story

Constitutional Law Association, 5th September 2016

Source: www.ukconstitutionallaw.org

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

‘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.’

Full story

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

‘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.’

Full story

UK Constitutional Law Association, 30th May 2016

Source: www.ukconstitutionallaw.org

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

‘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.’

Full story

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 tracey

‘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.’

Full story

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.’
Full story

Panopticon, 22nd Juyl 2015

Source: www.panopticonblog.com

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

“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 tracey

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

TV ‘exposure’ of Scientology halted by UK libel law split – The Guardian

‘Plans to broadcast HBO’s Church of Scientology exposé, Going Clear, have been shelved by Sky Atlantic in a virtual repeat of events two years ago, when UK publishers abandoned publication of the book on which the hard-hitting new TV documentary is based.’

Full story

The Guardian, 18th April 2015

Source: www.guardian.co.uk

Corporation Tax (Northern Ireland) Act 2015 – legislation.gov.uk

Posted April 1st, 2015 in corporation tax, legislation, Northern Ireland by sally

Corporation Tax (Northern Ireland) Act 2015 published

Full text of Act

Source: www.legislation.gov.uk

Bert and Ernie gay marriage cake row could force Muslims to print Prophet Mohammed cartoons – lawyer – Daily Telegraph

‘Human Rights barrister claims gay marriage cake court case would erode right to refuse to act against conscience.’

Full story

Daily Telegraph, 18th March 2015

Source: www.telegraph.co.uk

The Supreme Court in the United Kingdom Constitution – Lecture by Lady Hale

The Supreme Court in the United Kingdom Constitution (PDF)

Lecture by Lady Hale

The Bryce Lecture, 5th February 2015

Source: www.supremecourt.uk

Blair: without IRA letters, peace process would have collapsed – The Guardian

‘Giving evidence to MPs, former prime minister defends his role in allowing the on-the-run scheme in 1999.’

Full story

The Guardian, 13th January 2015

Source: www.guardian.co.uk

Bloody Sunday investigation faces judicial review – BBC News

Posted November 11th, 2014 in demonstrations, homicide, inquiries, judicial review, murder, news, Northern Ireland, police by michael

‘The decision to scale back the police investigation into the deaths of marchers killed by soldiers in Londonderry in 1972 will be challenged in court by victims’ relatives.’

Full story

BBC News, 11th November 2014

Source: www.bbc.co.uk

Exploitative gangmaster fined only £500 – The Independent

Posted October 9th, 2014 in appeals, fines, gangmasters, news, Northern Ireland, sentencing by sally

‘An illegal gangmaster who made Romanian workers scavenge in bins while charging them to live in an unheated shed has been fined just £500.’

Full story

The Independent, 8th October 2014

Source: www.independent.co.uk

‘On-the-run’ scheme flawed but not unlawful, inquiry finds – The Guardian

‘The post-Troubles scheme devised to reassure Irish republican “on-the-runs” (OTRs) that they were no longer wanted by the police was lawful and did not give terrorist suspects an amnesty, an independent review has concluded.’

Full story

The Guardian, 17th July 2014

Source: www.guardian.co.uk

In re K (A Child) (Reunite International Child Abduction Centre intervening) – WLR Daily

In re K (A Child) (Reunite International Child Abduction Centre intervening): [2014] UKSC 29; [2014] WLR (D) 218

‘The phrase “rights of custody,” within the meaning of articles 3 and 5(a) of the 1980 Convention on the Civil Aspects of International Child Abduction and article 2(9)(11) of Council Regulation (EC) No 2201/2003, was not limited to rights which were already legally recognised and enforceable but was to be interpreted purposively as including a reference to a wider category, termed “inchoate rights”, the existence of which would have been legally recognised if the matter had arisen before the particular act of removal or retention in question.’

WLR Daily, 15th May 2014

Source: www.iclr.co.uk

In the matter of K (A child) (Northern Ireland) – Supreme Court

In the matter of K (A child) (Northern Ireland) [2014] UKSC 29 (YouTube)

Supreme Court, 15th May 2014

Source: www.youtube.com/user/UKSupremeCourt

Northern Ireland (Miscellaneous Provisions) Act 2014

Posted March 14th, 2014 in elections, legislation, Northern Ireland, political parties by tracey

Northern Ireland (Miscellaneous Provisions) Act 2014 published

Full text of Act

Source: www.legislation.gov.uk