parliament – Page 12 – Current Awareness

“You don’t have the votes!” – 4-5 Gray’s Inn Square

Posted March 10th, 2021 in chambers articles, elections, local government, news, parliament by sally

‘Imagine. The UK May 2024 general election is finally drawing to a close. After months of campaigning, the votes are in and pundits are predicting a clear win for Party A. The leader of Party B is concerned the election was not fair and accusations of voter fraud and spoiled ballots begin to fly on social media and the national news. How will this be investigated? Will anyone be prosecuted? Could the election result really be overturned?’

4-5 Gray's Inn Square, 4th March 2021

Source: www.4-5.co.uk

Steven Chaplin: Review of Parliaments and the Pandemic – UK Constitutional Law Association

Posted March 8th, 2021 in constitutional law, coronavirus, emergency powers, government departments, news, parliament by tracey

‘As the pandemic moves into its second year, the effects on Parliaments, not only as legislating and accountability bodies but as institutions, are becoming more apparent. What began as a series of emergency measures imposed by government, generally supported by all parties, has given way to longer term concerns regarding government accountability and the sidelining of Parliament, along with some consideration and re-imagining of post-pandemic Parliaments.’

UK Constitutional Law Association, 8th March 2021

Source: ukconstitutionallaw.org

Covid-19 Has Highlighted Why Secondary Legislation Needs Reforming – Each Other

Posted March 4th, 2021 in coronavirus, news, parliament, regulations by sally

‘Every year, Parliament makes hundreds of changes to UK law with little to no scrutiny from elected MPs. Partnering with EachOther, the legal charity Public Law Project has launched a video – available to watch below – calling for this process to be reformed. In this article, Alexandra Sinclair, the Public Law Project’s research fellow, explains more about the campaign.’

Each Other, 4th March 2021

Source: eachother.org.uk

Law in a Time of Crisis by Jonathan Sumption review – beyond the lockdown sceptic – The Guardian

Posted March 3rd, 2021 in brexit, coronavirus, judges, legal history, news, parliament, rule of law, Supreme Court, universities by sally

‘The former judge and renowned historian loses his cool on Covid and the culture wars.’

The Guardian, 3rd March 2021

Source: www.theguardian.com

Daniella Lock, Fiona de Londras and Pablo Grez Hidalgo: Parliamentary Engagement with Human Rights under COVID-19 and the Independent Human Rights Act Review – UK Constitutional Law Association

Posted March 3rd, 2021 in constitutional law, consultations, coronavirus, human rights, news, parliament by sally

‘As the deadline for submissions to Independent Human Rights Act Review (IHRAR) passes this week, the appropriate division of constitutional labour in respect of human rights protection continues to attract debate. The terms of reference for the IHRAR suggests a focus on the role of the courts in protecting rights under the Human Rights Act 1998 (HRA). In particular, it asks whether the roles of the courts, Parliament and the Government are appropriately “balanced” in this respect. In our submission to the IHRAR we have highlighted that, in line with the structure and principles of the UK constitution, the HRA is designed to give Parliament a leading role in human rights protection. In spite of this, however, we have further noted that Parliament too often fails to undertake appropriate rights-related deliberation, scrutiny and engagement of legislative and policy action.’

UK Constitutional Law Association, 3rd March 2021

Source: ukconstitutionallaw.org

New Acts – legislation.gov.uk

Posted March 3rd, 2021 in government departments, intelligence services, investigatory powers, legislation, maternity leave, parliament, police, pregnancy by tracey

Ministerial and other Maternity Allowances Act 2021

Covert Human Intelligence Sources (Criminal Conduct) Act 2021

Source: www.legislation.gov.uk

Government agrees to call pregnant ministers ‘mothers’ – The Independent

Posted February 26th, 2021 in attorney general, bills, drafting, gender, government departments, maternity leave, news, parliament, pregnancy, transgender persons, women by tracey

‘The government has agreed to change the wording in its new maternity leave legislation from referring to “pregnant people” to “mothers” after the phrasing was rejected by the House of Lords – despite gender-neutral language being government convention.’

The Independent, 26th February 2021

Source: www.independent.co.uk

James Bevan: ‘10-year prison sentences for breaching COVID-19 entry requirements into the United Kingdom’? Governmental Decree is undermining the Rule of Law – UK Constitutional Law Association

Posted February 24th, 2021 in constitutional law, coronavirus, criminal justice, disclosure, emergency powers, forgery, government departments, imprisonment, news, parliament, rule of law, sentencing by sally

‘The Secretary of State for Health, Matt Hancock, announced in Parliament on Tuesday 9th February that those returning from ‘red list’ countries who fail to disclose that fact could receive a 10-year prison sentence following conviction (see The Telegraph).’

UK Constitutional Law Association, 24th February 2021

Source: ukconstitutionallaw.org

Ex-MP cleared of sexual harassment after complainant’s appeal dismissed – The Guardian

Posted February 24th, 2021 in appeals, disciplinary procedures, harassment, news, parliament, professional conduct, sexual offences by sally

‘A former MP has been cleared of sexual harassment alleged to have taken place several years ago in a House of Commons bar, in the first ruling by a new body set up to investigate potential misbehaviour by parliamentarians.’

The Guardian, 23rd February 2021

Source: www.theguardian.com

Trust in law at risk if ministers bypass parliament, says ex-legal chief – The Guardian

Posted February 19th, 2021 in coronavirus, emergency powers, government departments, international law, news, parliament, rule of law by tracey

‘Public trust in the law is at risk if ministers continue to rush through hundreds of new rules and legislation, bypassing parliament and leaving citizens, businesses and police in the dark, the former head of the government’s legal department has said.’

The Guardian, 18th February 2021

Source: www.theguardian.com

Ronan Cormacain: Queen’s Consent and the Crown’s exemption from lockdown rules – are we all in this together? – UK Constitutional Law Association

Posted February 15th, 2021 in bills, constitutional law, coronavirus, enforcement, freedom of movement, local government, news, parliament, royal family, statutory interpretation by sally

‘There have been recent revelations about the use of the Queen’s consent procedure in relation to Government Bills. At the heart of the issue is the role of the Queen and the Prince of Wales, in vetting Acts of Parliament before they are made. With that background, this paper examines the applicability of some of the coronavirus lockdown rules to Crown land. My conclusion is that the Crown has special and unjustified privileges in the both the content of legislation and the procedure for making it.’

UK Constitutional Law Association, 15th February 2021

Source: ukconstitutionallaw.org

MPs pass ‘long overdue’ bill for ministers’ paid maternity leave – The Guardian

Posted February 12th, 2021 in bills, maternity leave, news, parliament, pregnancy by tracey

‘MPs have voted to give ministers formal paid maternity leave for the first time, hailed as an “important and long overdue change” as the government pledged to bring forward more sweeping maternity protections before the summer recess.’

The Guardian, 11th February 2021

Source: www.theguardian.com

How the Queen lobbied for changes in the law to hide her wealth – The Guardian

Posted February 10th, 2021 in bills, constitutional law, news, parliament, podcasts, royal family by sally

‘Government memos discovered in the National Archives reveal that the Queen lobbied ministers to alter proposed legislation. The Guardian’s David Pegg follows the trail and explains its implications for a monarchy which is supposed to stay out of politics.’

The Guardian, 10th February 2021

Source: www.theguardian.com

Queen did not block legislation, says Palace – BBC News

Posted February 8th, 2021 in bills, news, parliament, royal family by tracey

‘Claims the Queen blocked government legislation in the 1970s are “simply incorrect”, Buckingham Palace says.’

BBC News, 8th February 2021

Source: www.bbc.co.uk

UK government use of Henry VIII clauses to be challenged in court – The Guardian

Posted February 1st, 2021 in brexit, EC law, judicial review, news, parliament, state aids, statute law revision by tracey

‘A government move to change state aid rules after Brexit without a vote in parliament is being challenged in court, with a legal campaign group warning the manoeuvre could lead to a similar lack of scrutiny in areas such as workers’ rights and environmental protections.’

The Guardian, 1st February 2021

Source: www.theguardian.com

Ministers move to stop backbench revolt over UK courts’ role in genocide rulings – The Guardian

Posted February 1st, 2021 in bills, genocide, government departments, human rights, news, parliament, political parties, select committees by tracey

‘The government is seeking to fend off a backbench revolt over China by giving the foreign affairs select committee new powers to investigate whether a country is so clearly breaching human rights that the UK should not agree to a free trade deal with it.’

The Guardian, 31st January 2021

Source: www.theguardian.com

Davor Jancic: The UK-EU Trade Deal: Five Important Implications for the UK Parliament – UK Constitutional Law Association

Posted January 22nd, 2021 in bills, brexit, constitutional law, EC law, news, parliament by sally

‘The announcement of the UK-EU Trade and Cooperation Agreement (TCA) on Christmas Eve 2020 may have come as a surprise given endless media reports about the negotiators’ intransigence and the imminent threat of a cliff edge. Add to this the Covid-19 pandemic and some ten months and just nine formal rounds of negotiations make it remarkable that any deal has been reached, let alone one that spans 1246 pages. To put this in context, only a fortnight before the deal was reached, Australia concluded its own 9th formal round of negotiations with the EU; however, this was after over two and half years of negotiations, which will continue for the foreseeable future. And while the resounding parliamentary vote in favour of implementing the TCA (521 votes in favour and 73 against) is good for the political legitimacy of the deal, the swiftness of the vote is less good in terms of democratic process and participation.’

UK Constitutional Law Association, 20th January 2021

Source: ukconstitutionallaw.org

Carwyn Jones: Is Dicey dicey? – UK Constitutional Law Association

Posted January 18th, 2021 in constitutional law, devolution, news, parliament, rule of law, Supreme Court by sally

‘For nearly a hundred and fifty years, parliamentary sovereignty or supremacy (the terms are used interchangeably) has been taken as immutable and unchanging by the UK Parliament and the courts. As devolution has developed, the concept deserves greater examination to see whether the concept is as sound as it has been supposed.’

UK Constitutional Law Association, 18th January 2021

Source: ukconstitutionallaw.org

Kenneth Armstrong: Governing With or Without Consent – The United Kingdom Internal Market Act 2020 – UK Constitutional Law Association

Posted December 21st, 2020 in bills, brexit, constitutional law, devolution issues, EC law, news, parliament, statutory interpretation by sally

‘The United Kingdom Internal Market Act has become law, receiving Royal Assent shortly before MPs and Lords departed the Palace of Westminster for the holidays. The controversial provisions in Part 5 conflicting with the EU-UK Withdrawal Agreement and Northern Ireland Protocol – previously discussed by me here – have been removed following the outcome of a meeting of the EU-UK Joint Committee that resolved – at least for the moment – outstanding issues in the practical implementation of the Protocol.’

UK Constitutional Law Association, 18th December 2020

Source: ukconstitutionallaw.org

New Acts – legislation.gov.uk

Posted December 17th, 2020 in boundaries, conflict of laws, elections, legislation, parliament, treaties by tracey

Parliamentary Constituencies Act 2020

Private International Law (Implementation of Agreements) Act 2020

Source: www.legislation.gov.uk

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