Abuse of MPs hitting unprecedented levels, says Met police chief – The Guardian

Posted May 9th, 2019 in brexit, harassment, news, parliament, police, statistics by tracey

‘Criminal abuse and harassment of MPs are running at unprecedented levels, reflecting “polarised opinions” in the aftermath of the Brexit vote, Britain’s most powerful police officer told a parliamentary committee on Wednesday. The warning from Cressida Dick, the Metropolitan police chief, was accompanied by official statistics showing that the number of crimes committed against MPs had more than doubled to 342 in 2018 from 151 the year before.’

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The Guardian, 9th May 2019

Source: www.theguardian.com

Police call for change to ‘outdated’ protest laws after MPs threatened over Brexit – The Independent

Posted April 25th, 2019 in brexit, demonstrations, news, parliament, police, public order by tracey

‘A senior police officer has called for the government to change “outdated” protest laws amid a rise in threats against MPs. In the wake of protests by the UK “yellow vests” and other Brexit-related groups stationed outside parliament, Metropolitan Police commander Adrian Usher said officers were struggling to enforce current laws.’

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The Independent, 24th April 2019

Source: www.independent.co.uk

David Howarth: Westminster versus Whitehall: Two Incompatible Views of the Constitution – UK Constitutional Law Association

Posted April 11th, 2019 in brexit, constitutional law, ministers' powers and duties, news, parliament by sally

‘Lawyers like to make as much sense as possible of the material in front of them, transforming it, if they can, from a jumble of decisions and remarks into a coherent whole. For constitutional lawyers that habit of mind is both a blessing and a curse. It is a blessing because it causes lawyers to look for subtleties others miss (albeit sometimes subtleties they themselves create). It is a curse because when the material is generated by underlying mechanisms and ideas that fundamentally conflict, it leaves lawyers at a loss, or, worse, going round in circles.’

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UK Constitutional Law Association, 10th April 2019

Source: ukconstitutionallaw.org

Parliament, not judges, should be helping separated parents – McFarlane – Law Society’s Gazette

Posted April 10th, 2019 in dispute resolution, divorce, families, judiciary, news, parliament, pilot schemes by sally

‘Resolving straightforward relationship difficulties between separated parents should not be a matter for judges, the president of the family division has said.’

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Law Society's Gazette, 10th April 2019

Source: www.lawgazette.co.uk

No-fault divorce law coming ‘as soon as parliamentary time allows’ – The Guardian

Posted April 9th, 2019 in bills, divorce, news, parliament by sally

‘Legislation for no-fault divorce will be introduced as soon as parliamentary time becomes available to end the “blame game” in marital breakdowns, the justice secretary has pledged.’

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The Guardian, 9th April 2019

Source: www.theguardian.com

Could ministerial advice to the Queen to prorogue Parliament or to refuse assent to a Parliamentary Bill be challenged in the courts? – Brexit Law

‘This post continues the debate that has arisen following recent Parliamentary efforts to seize the initiative from the Government to avoid a no-deal Brexit, in particular the Cooper- Letwin Bill, and certain proposals that have emerged by which it is suggested the Government could thwart these efforts.’

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Brexit Law, 8th April 2019

Source: brexit.law

Watchdog dismisses Sir Philip Green complaint against Peter Hain – The Guardian

‘The House of Lords standards watchdog has dismissed a complaint against the former Labour cabinet minister Peter Hain for using parliamentary privilege to name the Topshop tycoon Sir Philip Green as the businessman at the centre of harassment allegations.’

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The Guardian, 8th April 2019

Source: www.theguardian.com

Ewan McGaughey: What Is Needed in Our Constitution to Revoke Article 50? – UK Constitutional Law Association

Posted April 4th, 2019 in brexit, constitutional law, news, parliament by sally

‘Professors Gavin Phillipson and Alison Young have argued on this blog that an Act of Parliament is needed to revoke article 50. An alternative view is that, while an Act may be desirable, it is not necessary. This is still an important issue because on Wednesday 27th of March 2019, 184 votes in the House of Commons were cast in favour of revoking article 50 before ‘exit day’ if no agreement had been reached, 293 votes were cast against, and 164 MPs abstained. By contrast, 400 MPs voted against ‘no deal’. Mathematically the question of revocation remains in play, because in an emergency a positive majority of the Commons may emerge. Because an Act takes longer than executive action, the question of the legal mechanism to revoke article 50 must be scrutinised.’

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UK Constitutional Law Association, 4th April 2019

Source: ukconstitutionallaw.org

Stefan Theil: Unconstitutional Prorogation – UK Constitutional Law Association

Posted April 3rd, 2019 in brexit, constitutional law, Crown, news, parliament, prerogative powers by sally

‘Parliament voted on the evening of 1 April in a series of indicative votes to determine what, if any, alternative plan for withdrawal from the European Union could command the support of the House of Commons: all plans put forward again failed to command a majority. In a recent intervention, John Finnis has suggested that the government should prorogue Parliament until after 12 April in order to terminate the current parliamentary debate. Mark Elliott has offered a critique of the broader implications of this argument, namely the claim that such a course of action would be ‘(…) wholly legitimate as a matter of constitutional principle.’ Elliott concludes that parliamentary control of the process is entirely legitimate and in keeping with the British constitution. This piece adds to this analysis by elaborating why the prorogation Finnis advocates under these specific circumstances would be, as Elliott summarily puts it, ‘(…) an argument for unconstitutional action on the part of the Government.’ The piece develops a twofold argument: first, that ministerial advice tendered to seek a prorogation of Parliament under these circumstances is unconstitutional and that the Monarch should disregard it as a matter of constitutional convention; and second that holding otherwise would in effect grant the Prime Minister an unqualified veto over parliamentary business, leaving the government in an unconscionable position of power over the sovereign Parliament. Such an outcome would be fundamentally at odds with British parliamentary democracy, especially principles of democracy and representative and responsible government.’

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UK Constitutional Law Association, 3rd April 2019

Source: ukconstitutionallaw.org

Widow of Carl Sargeant wins high court challenge over sacking inquiry – The Guardian

Posted March 27th, 2019 in bereavement, inquiries, news, parliament, sexual offences, suicide, Wales, widows by sally

‘The widow of the former Welsh government minister Carl Sargeant, who died while facing sexual misconduct allegations, has won a high court challenge over the legality of an inquiry into his sacking.’

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The Guardian, 27th March 2019

Source: www.theguardian.com

Alexandra Sinclair and Joe Tomlinson: Brexit, Primary Legislation, and Statutory Instruments: Everything in Its Right Place? – UK Constitutional Law Association

Posted March 26th, 2019 in bills, brexit, news, parliament, regulations by sally

‘Legislation to enable Brexit is progressing through Parliament. This includes the Immigration and Social Security Bill, the Fisheries Bill, the Financial Services (Implementation of Legislation) Bill, and the Healthcare (International Arrangements) Bill. One curious aspect of this raft of new law is that, at the same time these Bills are making their way through Parliament, statutory instruments (SIs) addressing some of the very same subject matters are also being laid. While this approach may find justification in some contexts, we argue in this post that the particular way this is being executed in some circumstances seems broadly at odds with the Government’s own stated approach to the process.’

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UK Constitutional Law Association, 25th March 2019

Source: ukconstitutionallaw.org

Sam Fowles: Extending Article 50 – Key Legal Issues – UK Constitutional Law Association

Posted March 15th, 2019 in brexit, EC law, news, parliament, referendums, time limits by sally

‘With the second defeat of Theresa May’s Withdrawal Agreement, the subsequent vote to reject a “no-deal” Brexit, and the proposed votes today to extend the Art. 50 period, we must consider the legal practicalities of such an extension.’

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UK Constitutional Law Association, 14th March 2019

Source: ukconstitutionallaw.org

Lord Steel says he believed Cyril Smith abuse claims but did not act – The Guardian

Posted March 14th, 2019 in child abuse, inquiries, news, parliament, sexual offences by tracey

‘Lord Steel, the Liberal Democrat peer, has admitted believing in 1979 that child abuse allegations against Sir Cyril Smith were true, but did nothing to assess whether he was a continuing risk to children.’

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The Guardian, 13th March 2019

Source: www.theguardian.com

Lords urge tougher rules for tech firms – BBC News

Posted March 11th, 2019 in data protection, internet, news, ombudsmen, parliament, privacy, regulations, standards by sally

‘Tech firms, such as Google and Facebook, must improve their “inadequate” responses to privacy and data breaches and anti-social content, a House of Lords report says.’

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BBC News, 9th March 2019

Source: www.bbc.co.uk

House of Lords report calls for digital super-regulator – The Guardian

Posted March 11th, 2019 in children, duty of care, internet, news, ombudsmen, parliament, regulations, standards by sally

‘The House of Lords has called for the creation of a digital super-regulator to oversee the different bodies charged with safeguarding the internet and replace the “clearly failing” system of self-regulation by big technology companies.’

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The Guardian, 9th March 2019

Source: www.theguardian.com

Child sexual abuse inquiry to assess merit of claims against politicians – The Guardian

‘The public inquiry into child sexual abuse has come under pressure to establish whether or not allegations against senior politicians are well founded, as its attention turns to the world of politics.’

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The Guardian, 4th March 2019

Source: www.theguardian.com

Tommy Robinson supporter and convicted rapist jailed for threatening Sajid Javid on Facebook – The Independent

‘A Tommy Robinson supporter and convicted rapist has been jailed for 28 days for posting threatening and abusive comments about home secretary Sajid Javid.’

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The Independent, 5th March 2019

Source: www.independent.co.uk

Fiona Onasanya will not face longer prison sentence, Solicitor General rules – Daily Telegraph

Posted February 26th, 2019 in appeals, news, parliament, perverting the course of justice, sentencing by tracey

‘Disgraced MP Fiona Onasanya will not have her three-month jail sentenced extended after the Solicitor General decided not to refer her case to the Court of Appeal.’

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Daily Telegraph, 25th February 2019

Source: www.telegraph.co.uk

Lords urged to hurry through legislation cracking down on ‘cowboy’ parking firms as it emerges DVLA will share details of 7m drivers this year – Daily Telegraph

‘The House of Lords has been urged to hurry through legislation that will crack down on “cowboy” private parking firms, as it emerged that seven million drivers will have their personal details shared by the DVLA this year.’

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Daily Telegraph, 24th February 2019

Source: www.telegraph.co.uk

Fiona Onasanya: Peterborough MP to appeal against conviction – BBC News

‘A MP jailed for lying about a speeding offence is appealing against her conviction, the Commons has been told.’

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BBC News, 11th February 2019

Source: www.bbc.co.uk