By: Grace Storrie
6 January 2024 by Grace Storrie
In the News
The Irish government has announced it will challenge the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 in the European Court of Human Rights. The Act, which came into force in September 2023, was created to address the ‘legacy of the Northern Ireland Troubles’. The legislation has been controversial because it allows individuals accused of Troubles-related offences to be granted immunity in return for cooperation with the newly-formed Independent Commission for Reconciliation and Information Recovery (ICRIR). The Act is already facing a number of legal challenges in the Belfast High Court. In this latest challenge, the Irish government will ask Strasbourg whether the Act is compatible with the UK’s obligations under the European Convention on Human Rights.
Meanwhile, in France, new legislation has been passed which significantly toughens French immigration rules. The bill went through several iterations, with the final version including much harsher provisions than originally proposed. It includes measures for reducing access to social security benefits for immigrants, migrant quotas, and toughened rules for family members of migrants. The bill has been criticised by Human Rights Watch for putting ‘the rights of foreigners at risk.’
In the US, Donald Trump has been disqualified from running as a presidential candidate in Colorado and Maine. The Colorado Supreme Court was the first state to rule that Donald Trump should not be allowed to run for president because of Section 3 of the 14th Amendment, which disqualifies people who engage in ‘insurrection or rebellion’ from holding any office. The Colorado ruling has been appealed, and the Supreme Court is expected to decide whether to intervene on the issue early this year.
In other news
Before the Christmas break, the Court of Appeal ruled that the government’s approval of the planned Sizewell C nuclear plant in Suffolk was lawful. The legal challenge was brought by Together Against Sizewell C (TASC), who argued the government had failed to consider the need for a water supply when it approved the nuclear plant in Suffolk. The Court of Appeal disagreed, holding it was logical for the government to consider the issue of water supply separately from the plant itself. The protest group has said it would continue to fight against the development.
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27 November 2023 by Grace Storrie
In the news
Fighting in Gaza paused this weekend, as Hamas and Israel agreed to a temporary, four-day reprieve. Twenty-six hostages have been released by Hamas and 39 Palestinian detainees held in pre-trial detention have been allowed to return to the West Bank. Under the terms of the agreement negotiated by Qatar, a total of 50 Israeli hostages and 150 Palestinian detainees are meant to be exchanged between the parties. The temporary pause in fighting has also allowed much-needed humanitarian assistance and fuel to reach the Gaza strip.
The Covid-19 Inquiry heard evidence this week from Sir Patrick Vallance (former Government Chief Scientific Adviser), Professor Sir Chris Whitty (Chief Medical Officer for England) and Professor Sir Jonathan Van-Tam (former Deputy Chief Medical Officer for England). In his statement, Sir Patrick Vallance said the Government’s scientific advisers were not consulted on Rishi Sunak’s Eat Out to Help Out scheme and ‘didn’t see it before it was announced.’ This undermines written comments made by Rishi Sunak to the Inquiry, where he said that no one raised concerns with him about the policy. Meanwhile, Sir Chris Whitty said in March 2020, ministers mistakenly understood ‘herd immunity’ to be a government policy objective, and he tried to stop the idea from being discussed publicly because herd immunity would have been ‘inconceivable.’ The inquiry will hear further evidence this coming week.
Meanwhile, Ian Fry, the UN’s Special Rapporteur on the promotion and protection of human rights in the context of climate change, has recently condemned the jail sentences for two Just Stop Oil protesters who scaled a bridge on the Dartford Crossing last October. The activists were given two and three year prison sentences for causing a public nuisance, and were refused permission to appeal to the Supreme Court on the basis that their sentences met the ‘legitimate aim’ of deterring others from similar offending. Ian Fry raised concerns about the length of the activist’s sentences, and the political flow-on effect the sentences could have on activists expressing concerns about the environmental crisis ‘and the impacts of climate change on human rights and on future generations’. Fry said the new Public Order Act was a ‘direct attack on the right to the freedom of peaceful assembly.’ There has not been any response from the Government.
In other news
The Information Commissioner’s Office (ICO) said this week that some companies are not giving users ‘fair choice’ about the use of cookies. Cookies are small files that store on your computer and collect analytical data about website usage. They are often used to personalise ads based on a user’s browsing history. The law regulating the use of cookies (the Privacy and Electronic Communications Regulations) will be altered by the proposed Data Protection and Digital Information Bill, which is due its third reading in the House of Commons on 29 November 2023. Under the proposed reforms, some information – for improving website service or security – will be collected without consent, resulting in fewer ‘pop-ups’ requesting the user consent to cookies. The ICO has not yet named the companies it thinks are falling short of current guidance, but will provide an update in January.
Meanwhile, the National Women’s Prisons Health and Social Care Review was published this week. Established in 2021, the Review is intended to improve health and social care outcomes for women in prison and upon their release. Conducting a review of the 12 women’s prisons in England, the Review found healthcare across women’s prisons to be ‘inconsistent’ and not always ‘gender specific’ or sensitive to women with protected characteristics. It suggests ‘fabric improvements’ across the women’s estate should be made.
Finally, the independent review into Lancashire Police’s handling of Nicola Bulley’s death was also released this week. Bulley went missing in January, and was found three weeks after her disappearance in the River Wyre. Amongst other findings, the report says Lancashire Police should have been better prepared to communicate sensitive medical information about Bulley in a more ‘carefully constructed manner’.
In the Courts
The “Bille and Ogale Group Litigation”. Mrs Justice May handed down the latest judgement in the ongoing litigation between communities and individuals of the Niger Delta, and the oil giant, Shell. The case concerns oil contamination affecting two regions of the Niger Delta – the Bille and Ogale regions. In her judgement, Mrs Justice May held the claimants could bring new causes of action under the African Charter and Nigerian Constitution, which recognise ‘as a fundamental right the right to a clean and healthy environment’. There is no limitation period for human rights claims brought under the Nigerian Constitutional framework. Mrs Justice May also refused the Defendant’s application to strike out the claims. The case continues.
In Independent Workers Union of Great Britain (“IWGB”) v Central Arbitration Committee (“CAC”) and another [2023] UKSC 43 the Supreme Court held that Deliveroo drivers are not in an employed relationship for the purposes of Article 11 ECHR (freedom of assembly and association). The case concerned Deliveroo riders in London who became members of the IWGB and sought formal recognition of the Union by Deliveroo for collective bargaining on behalf of Deliveroo drivers in Camden and Kentish Town. The Supreme Court stated that the right to form a trade union arises in the context of an employment relationship. Applying this to the facts of the case, the CAC rightly found there was no employment relationship between Deliveroo and its riders, as the riders can appoint a substitute to take their job, can work or not as convenient to them, and are not prevented from working for Deliveroo’s competitors. Thus, in this case, the riders are unable to rely on the trade union rights conferred by Article 11. The appeal was dismissed.
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4 October 2023 by Grace Storrie
In the news
The Home Secretary, Suella Braverman, has been in the news for claiming that asylum seekers “purport” to be gay to “game the system” and receive preferential treatment in asylum applications. In a speech in Washington DC on Tuesday, the Home Secretary said that discrimination on the basis of sexuality or gender is not sufficient to qualify for international refugee protection. Braverman’s comments have been heavily criticised, and approximately twelve Conservative MPs complained to the Chief Whip this week, saying the Home Secretary’s remarks were offensive, divisive, and inaccurate. According to the BBC, sexual orientation only formed the basis of 1.5% of asylum claims made in the UK last year. Equally, many continue to face persecution as a result of their sexuality; consensual same-sex acts are illegal in a number of countries and, in some cases, are punishable by death.
Meanwhile, the Attorney General issued a notice to the media this week, warning editors not to put themselves at risk of being in contempt of court by ‘publishing any material’ which might ‘prejudice any potential criminal investigation’ into the allegations against Russel Brand. Editors, publishers, and social media users were advised to comply with obligations under the Contempt of Court Act 1981. Commentators have criticised the Attorney General’s warning for possibly misapplying the law on contempt; publishers can be found unintentionally to be in contempt of court, but only where there are active criminal proceedings (which there are not in Brand’s case). Alternatively, the Attorney General might have been warning against falling foul of the old common law rules on contempt, where no active case is required. Regardless, many have questioned whether reporting by the media – who in this instance were responsible for breaking the allegations against Brand and prompting a criminal investigation – would make any future trial unfair.
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8 September 2023 by Grace Storrie
In the news
This week, the Ministry of Justice has proposed new laws which would allow judges to force defendants to attend sentencing hearings. Judges can already issue an order requiring a defendant to attend court, and failing to comply can result in a prosecution under the Contempt of Court Act. The Ministry of Justice says, however, that these powers are rarely used by judges. The proposed reforms will allow custody officers to use “reasonable force” to make defendants appear in court. The reforms would also allow judges to extend a defendant’s sentence by two years if they refuse to comply. The new measures were prompted by a number of defendants convicted of murder refusing to attend sentencing hearings, including Lucy Letby who was given a life sentence for the murder of 7 babies and attempted murder of 6 others. While the victims’ families have welcomed the reforms, others have expressed concern that the policy will overburden the court system and place prison staff in unnecessarily dangerous situations.
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7 August 2023 by Grace Storrie
In the news
Alexei Navalny – a vocal critic of Putin’s government and prominent opposition figure in Russia – has been sentenced to a further 19 years in prison. Navalny is already serving an 11-year sentence for various charges. The hearing for this most recent conviction was held behind closed doors, at a penal colony in Nelekhovo (to the east of Moscow). The opposition leader was found guilty on six counts, including a charge for inciting and financing extremism. As part of this most recent conviction, Navalny will be moved to a “special regime colony”, where his access to visitors (including family members and his legal team) will be reduced. Volker Türk, the United Nations High Commissioner for Human Rights, called for Navalny’s release and denounced the “repressive crackdown on freedom of expression and political opposition in Russia”.
In a similar piece of news, the UK Government imposed sanctions on 6 individuals in connection with the conviction of Vladimir Kara-Murza, a prominent critic of Russia’s war in Ukraine. Mr Kara-Murza is a dual Russian and British national, who was sentenced earlier this year to 25 years in a penal colony for treason and spreading “knowingly false information” about the Russian armed forces. Mr Kara-Murza’s appeal was dismissed this week, prompting the UK Government to initiate fresh sanctions against the three judges, two prosecutors and “expert witness” involved in Kara-Murza’s appeal. The UK Government says the conviction is “politically motivated targeting” and Mr Kara-Murza is being persecuted for his anti-war stance. The sanctions include asset freezes and travel bans against the individuals concerned.
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10 July 2023 by Grace Storrie
In the news
On Thursday, the High Court dismissed a claim for judicial review brought by the Cabinet Office, regarding a notice issued by the Chair of the COVID-19 Inquiry which requested the disclosure of correspondence between former Prime Minister Boris Johnson and his senior advisers. The Cabinet Office argued the Inquiry Chair’s notice was unlawful because it required the disclosure of significant quantities of ‘unambiguously irrelevant’ material. It argued it should be allowed to redact obviously irrelevant detail from the documents, including from Mr Johnson’s WhatsApp messages. The Chair of the Inquiry, Baroness Hallett, maintained that s. 21 of the Inquiries Act 2005 empowered her to request and see unredacted materials which could be relevant to the investigation. The High Court agreed. It held that the disclosure of some irrelevant documents did not render the request for information unlawful. An enquiry of this nature must be able to ‘fish’ for documents; to make informed ‘but speculative requests for documents relevant to lines of inquiry, or documents which lead to new lines of inquiry’. The government has said it will not appeal the decision.
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15 May 2023 by Grace Storrie
In the news
On Wednesday, it was announced a committee of MPs will examine the Metropolitan Police’s treatment of protesters at the Coronation of King Charles III on Saturday 6 May. A total of 64 people were arrested on the day of the coronation, 52 of which were made because police feared protesters intended to disrupt proceedings. The Met expressed “regret” over the arrest of six members of the anti-monarchy protest group, Republic, who were detained on suspicion they were equipped for locking on – a new offence introduced by the Public Order Act 2023 which only came into force on the 3 May. The Met’s heavy handedness has been widely criticised, but many commentators have focused attention on weaknesses in the legislation itself, calling it “too wide” and “too rushed”. There are fears police and public confusion over the scope of the Act will negatively affect protester’s rights in the future.
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17 April 2023 by Grace Storrie
In the news
The NHS faced further strike action this week, with 47,000 junior doctors participating in a four-day walkout. The Health Secretary, Steve Barclay, has said the British Medical Association’s (BMA) demand for a pay restoration to 2008 levels is ‘unreasonable’. Negotiations have stalled over the effective 35% pay rise demand. Meanwhile, on Friday the Royal College of Nursing (RCN) announced a new 48-hour strike set to take place 30 May. The announcement of fresh strikes and continued discontent amongst junior doctors has fuelled speculation about the possibility of synchronised action between the BMA and RCN. While there are currently no plans for coordinated strikes, the BMA has refused to rule out the possibility of a concerted effort between the unions. Relatedly, the strike ballot for consultant doctors has been delayed until the 15 May.
On Saturday, violence erupted in Khartoum, the capital city of Sudan. The country has become increasingly unstable since President Omar al-Bashir was overthrown in 2019 and a coup in 2021 which replaced a fragile military-civilian government with exclusive military rule. This most recent violence is part of a long-standing rivalry between the head of the country’s armed forces, Gen Abdel Fattah al-Burhan, and leader of the Rapid Support Forces (RSF), Gen Mohamad Hamdan Dagalo. The clashes have extended across the country and at least 56 civilians have been killed and a further 595 wounded. The World Food Programme announced three of its employees have been killed in the clashes, causing the organisation to suspend operations in the region.
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29 March 2023 by Grace Storrie
In the news
On Wednesday, Boris Johnson gave oral evidence to the Privileges Committee as part of an ongoing inquiry into whether the ex-Prime Minister misled Parliament over lockdown parties in No 10. If the Commons was misled, the Committee will determine whether that constituted a contempt of Parliament – a finding which could result in Mr Johnson’s suspension from the Commons. In his evidence, Mr Johnson accepted he mislead MPs, but that he had not done so “intentionally or recklessly”. He claimed his statements were based upon honest belief, and were made in ‘good faith’ and in reliance on ‘trusted advisers’. The outcome of the inquiry will largely rest on whether Mr Johnson inadvertently, deliberately, or recklessly mislead Parliament – with the most severe sanctions arising if he is found to have deliberately made false statements to MPs. The committee’s report is expected later in the year.
Baroness Casey’s final report on the standards of behaviour and internal culture of the Metropolitan Police Service was published this week. The review was commissioned following the death of Sarah Everard at the hands of a serving Met officer. The report describes a culture in the Met of ‘defensiveness and denial’, which lacks integrity, fails to take complainants seriously and has discrimination ‘baked into it’. In Baroness Casey’s own words: ‘we have found institutional racism, misogyny and homophobia in the Met’. This report, alongside tragic events like Ms Everard’s death and the recent conviction of long-serving Met officer David Carrick, highlight a loss of public confidence in the police force.
In France on Thursday, protesters gathered across the country to demonstrate their opposition to President Macron’s pension reform bill, which proposes raising the age of retirement from 62 to 64. The protests began in January, but escalated this week when President Macron forced the proposed bill through parliament without a vote in the National Assembly. It is estimated that approximately one million people took part in the demonstrations. In Bordeaux, the front door of the city’s town hall was set on fire and police have been accused of using excessive force against protesters. Before the bill becomes legislation, it must pass a review by the Constitutional Council.
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20 February 2023 by Grace Storrie
In the news
The United States has formally determined that Russia has committed crimes against humanity in Ukraine. Speaking at the Munich Security Conference on Saturday, US Vice-President Kamala Harris accused Russia of ‘gruesome acts of murder, torture, rape and deportation’ and said those who had committed crimes would be held to account. UK Prime Minister Rishi Sunak also spoke at the event over the weekend, where he urged leaders to ‘double down’ on military support for Kyiv.
Syria and Turkey continue to face devastating consequences in the aftermath of last week’s earthquakes. The death toll caused by the 7.8 magnitude tremor has surpassed 46,000 and is expected to continue to rise. In Turkey, the scale of the damage has been partly attributed poor construction practices and President Erdogan’s government has been criticised for failing to implement stricter building regulations.
In Syria, the UN is facing backlash for failing to deliver humanitarian relief to the north-western, opposition-held regions of the country. The Syrian government has allowed two new border crossings to be opened from Turkey. The UN’s decision, however, to wait for President Assad’s permission to use these routes has been widely condemned. Meanwhile, the British government has pledged an additional funding package to support the earthquake recovery effort.
Finally, Boris Johnson has urged Prime Minister Rishi Sunak not to abandon the Northern Ireland Protocol Bill. Set in motion by Mr Johnson’s government, the bill gives the UK Government powers to dispense of parts of the Northern Ireland Protocol. An announcement on a prospective new agreement between Sunak’s government and the EU on Northern Ireland is expected this week.
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