TTIP – more “foreign” judges criticising “our” laws?

ttip-eu-komission-infografiken_englisch_722px_5_0Last week, on 15 January 2015, TTIP was debated in the House of Commons – see here. It is important for us all, but why?

TTIP stands for the Transatlantic Trade and Investment Partnership, a proposed trade agreement between the US, the EU, and various members of the EU including the UK. A sober account of its history and scope was produced for the HoC debate (here), and a rather less polite view is here from George Monbiot. 

Now, TTIP contains the usual things which one might expect to see in a trade agreement, such as the reduction or removal of tariffs between the respective trading blocs. And it comes with the usual accompanying material suggesting that all parties will benefit massively from the deal to the tune of billions of euros.

So what is there not to like?

Well, one part of the concern is that it will confer on investors (think multi-nationals) the right to sue governments for regulatory regimes causing loss of profits to those investors. This ability to sue is known as Investor-State Dispute Settlement or ISDS. And the suing does not happen in domestic courts, but in a special international law tribunal consisting of corporate lawyers drawn from the world over. I shall give some examples below of the sort of litigation engendered in the past by ISDS, so you can assess what this means in practice.

TTIP with ISDS is being enthusiastically backed by the present Government – not hitherto a fan of foreign judges taking charge of how our laws comply with external standards.

Continue reading

Grime Rap ‘Gangbo’ appeal fails in High Court – Diarmuid Laffan

Photo credit: guardian.co.uk

Photo credit: guardian.co.uk

Chief Constable of the Greater Manchester Police v Scott Calder [2015] – judgment not yet available

Adam Wagner represented Scott Calder in this case. He is not the writer of this post.

The Greater Manchester Police (‘GMP’) have been unsuccessful in an attempt to obtain an Injunction to Prevent Gang-Related Violence (‘IPGV’ or ‘Gangbo‘) against Scott Calder. The application was based on police intelligence and the lyrics of Mr Calder’s YouTube Grime Rap videos. On 14 January 2015, Mr Justice Blake dismissed the GMP’s appeal to the High Court, and in doing so laid out guidance on the purpose and ambit of the IPGV legislation, which is currently being substantially amended by Parliament. 

The below is based on the Judge’s ex tempore judgment (i.e. given at the hearing). We will post the full judgment when it is available.

Continue reading

A worrying new anti-terror law is sneaking through Parliament – Angela Patrick

westminsterAs the world’s press and public stand vigil in support of Charlie Hebdo and the families of the victims of Wednesday’s attack, we wake this morning to reports that our security services are under pressure and seeking new powers. The spectre of the Communications Data Bill is again evoked. These reports mirror renewed commitments yesterday to new counter-terrorism measures for the EU and in France.

This blog has already covered the reaction to the shootings in Paris in some detail.   The spectrum of reaction has been about both defiance and fear. The need for effective counter-terrorism measures to protect us all, yet which recognise and preserve our commitment to the protection of fundamental rights is given a human face as people take to the streets to affirm a commitment to protect the right of us all to speak our mind, to ridicule and to lampoon, to offend and to criticise, without fear of oppression or violence.   It is against this backdrop that we might remember that UK Ministers are already in the process of asking Westminster to expand our already broad framework of counter-terrorism legislation.

Continue reading

We are not all Charlie Hebdo, but we are all afraid

B6yHQVaCAAAsDNWLast night I tweeted that none of the UK newspapers has dared to show a single cartoon from the Charlie Hebdo satirical magazine on today’s front pages. This has been retweeted over 1,500 times and counting. For the Twitter-unitiated, that is a lot. My tweet hit a nerve and I want to explain why I think that is.

The Charlie Hebdo massacre was, for me, even more affecting that the usual indiscriminate Islamist terror attacks. The gunmen targeted political satirists and cartoonists – they killed the clowns. At base it was, as has been said a million times already, an attack on freedom.

Charlie Hebdo is a left-wing satirical magazine. Safe to say it is anti-religious, amongst other things. It has printed many cartoons of religious leaders including of Mohammed. The magazine’s offices were firebombed in 2011 after it changed its title to Charia Hebdo (a play on Sharia, the Islamic system of law). Its staff were under constant threat but remained unbowed.
Continue reading

Why the Court is in Strasbourg – and other things

strasbourgcathedral2Like lots of things to do with the ECHR, the idea seems to have been British. As Simpson put it in his magnificent history of the Convention, Human Rights and the End of Empire (OUP, 2001), Our Man (Jebb), in early 1949, appears to have suggested the site of the Council of Europe should be Strasbourg 

not for its architectural or gastronomic qualities, much less for its geese, but because of its symbolic significance for Franco-German reconciliation

Quite obvious, when you think about it. I was spurred into this by my winter festival reading, Neil MacGregor’s Germany.

Strasbourg commands a chapter, Floating City. Floating, because it swapped between Germany and France regularly, with increasing rapidity in the run up to the ECHR in 1950.  Formerly known as Strassburg, it had been emphatically part of the Holy Roman Empire, an Imperial city, a bishopric and German-speaking, until Louis XIV nicked it in 1681 – in war. The French were wise enough to administer it with a light touch – German remaining the predominant language – so it remained nominally French until 1871. Indeed, Goethe (and Metternich) studied there, and Goethe lauded the Gothic mediaeval cathedral (see pics) as reflecting supremely German architecture (Von Deutscher Baukunst) –  which of course it wasn’t, given that Gothic architecture derives from France. Continue reading

Conscientious objection to abortion: Catholic midwives lose in Supreme Court

pic_giant_051713_Therapeutic-Cloning-of-Human-EmbryosGreater Glasgow Health Board v. Doogan and Wood [2014] UKSC 68 – read judgment here.

The Supreme Court recently handed down its judgment in an interesting and potentially controversial case concerning the interpretation of the conscientious objection clause in the Abortion Act 1967. Overturning the Inner House of the Court of Session’s ruling, the Court held that two Catholic midwives could be required by their employer to delegate to, supervise and support other staff who were involved in carrying out abortion procedures, as part of their roles as Labour Ward Co-ordinators at the Southern General Hospital in Glasgow.

We set out the background to the case and explained the earlier rulings and their ramifications on this blog here and here. The key question the Supreme Court had to grapple with the meaning of the words “to participate in any treatment authorised by this Act to which he has a conscientious objection” in section 4 of the 1967 Act.

Continue reading

Birmingham’s Grooming Injunctions: what does the judgment say?

Photo credit: guardian.co.uk

Photo credit: guardian.co.uk

Using the inherent jurisdiction against Child Sexual Exploitation: Birmingham City Council v Riaz & Ors15 December 2014, read judgment

As prefigured on this Blog here, Keehan J has handed down a public Judgment  explaining how he used the inherent jurisdiction of the High Court to make novel and far-reaching Orders against ten men.

The inherent jurisdiction is the power vested in the Higher Courts to maintain their authority and prevent their processes being obstructed and abused. Traditionally this has also included the exercise on behalf of the sovereign as parens patriae of particular powers concerning children – most commonly wardship.

Birmingham City Council were addressing a real and significant issue. This had been highlighted in Rotherham. The gold standard response is to secure criminal convictions as occurred in Bristol. However, in some instances, the evidence will not secure jury convictions and hence the search is on for alternatives.

Continue reading