Police Anti-terrorism “Lead” calls for children to be protected from terrorist parents on a par with paedophilia

A speech by Mark Rowley (the outgoing Assistant Commissioner of the Metropolitan Police for Specialist Operations and National Lead for Counter Terrorism Policing) to Policy Exchange has been given the front page treatment with headlines like, “Extremists should lose access to their children.” The speech has been made available in full by the Policy Exchange on their website and on Youtube.

Additionally, The Times quotes Mark Rowley as saying, in response to questions from the press in advance of the speech,

We still see cases where parents convicted of terrorist-related offences, including radicalisers, retain care of their own children.

If you know parents are interested in sex with children, or if you know parents believe that people of their faith or their belief should hate everybody else and corrupt children for it, for me those are equally wicked environments to expose children to.

The speech is phrased more tentatively but included this passage,

The family courts and social services now routinely wrestle with child protection and safeguarding cases arising out of terrorism and extremism. However, we still see cases where parents convicted of terrorist-related offences, including radicalisers, retain care of their own children. I wonder if we need more parity between protecting children from paedophile and terrorist parents.

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Northern Ireland Court of Appeal to consider same-sex marriage challenge

The Court of Appeal in Northern Ireland will sit this week to consider an appeal against the refusal of the High Court to give recognition to the marriage of a gay man from Northern Ireland who had married his husband in London under the Marriage (Same Sex Couples) Act 2013. The original decision by Mr Justice O’Hara was published last August and reported as Re X [2017] NIFam 12. Under the terms of the 2013 Act, same sex marriage in England and Wales is treated for the purposes of the law of Northern Ireland as a civil partnership (in accordance with the Civil Partnership Act 2004). The Petitioner wants recognition of his marriage as such and argues that the denial of recognition is a breach of his Convention Rights.

When civil partnerships were being introduced for England, Wales and Scotland, Northern Ireland was going through one of its periods of direct rule from London. The UK government embarked upon a lightning consultation exercise and subsequently decided to include Northern Ireland in what came to be the Civil Partnership Act 2004. That meant that civil partnership was a UK wide arrangement. In fact, by a quirk of the law, the first civil partnership ceremony in the UK took place in Belfast, between Shannon Sickles and Grainne Close (who have also been refused a High Court Declaration that they can get married in the North).  Continue reading

EU Law provides Pension Equality

Image result for uk supreme courtEU Equality law had its moment in the sun in the week after London Pride with the UK Supreme Court Judgment in the case of Walker v Innospecalbeit that the front page treatment in The Metro was not exactly the same as that in The Telegraph.

Many commentators had feared that the ECJ decision in David Parris v Trinity College Dublin would  be a problem but Professor Rob Wintemute argued in this Blog earlier this year that it could be distinguished – and he was proved right. He also had quite a big walk on role in Supreme Court Judgment (see below). Continue reading

From England (to Northern Ireland) with love

northern-ireland-flagThe High Court in Belfast will sit on Monday 9 and 10th November to hear a challenge by a same sex couple now living in Northern Ireland who seek recognition of their English marriage. The current legal dispensation in the Province is that an English same sex marriage is recognised as a civil partnership in Northern Ireland.

The Petition is resisted by the Attorney General and government of Northern Ireland and the (UK) Government Equalities Office (which reports to Nicky Morgan, the Minister for Women and Equalities). It is anticipated that Judgment will be reserved. Continue reading

The consequences of Ireland’s Vote for Equality

CFuJJAyXIAAMQIdLast week the people of the Republic of Ireland voted in a referendum to amend its constitution to allow marriage by two persons “without distinction as to their sex” by 62 – 38%.

The exuberance of the moment was captured by a tweet from the Irish Minister of State for Equality, Aodhán Ó Ríordáin TD stating, “Ireland hasn’t just said “Yes” Ireland has said “F❤CK YEAAHHHH”

The media was awash with celebratory images. Prominent in these were two Irish Senators who played their part by bringing test cases. Decriminalisation had only come about in Ireland in 1993 after Senator David Norris had challenged the previous discriminatory law in the European Court of Human Rights and won (in 1998) with the assistance of his Counsel, then Senator and subsequently President Mary Robinson.

The recognition of same sex partnerships in Ireland really came to prominence when Senator Katherine Zappone sought recognition of her Canadian marriage (with Ann Louise Gilligan) within the tax system. The High Court ruled that the constitution defined marriage as being between a man and a woman and the stage was set for battle to commence. In the meantime the government had started to take evasive action and defined marriage in the Civil Registration Act 2004 as being between a man and a woman (it was previously undefined). This was the year that the UK Parliament passed the Civil Partnership Act – which covered Northern Ireland. In 1998 the Irish Government in the Belfast Agreement committed to bringing,

measures brought forward would ensure at least an equivalent level of protection of human rights as will pertain in Northern Ireland.

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Spiritual Injury voids Mayor’s Election

0BCCE818000005DC-3052100-image-m-33_1429813413592Erlam et al v. Rahman et al, Richard Mawrey QC, April 2015, judgment here

The Guardian has reported that Lutfur Rahman, the former directly elected mayor of Tower Hamlets is “exploring the possibility” of judicially reviewing the judgment of the Election Commissioner, Richard Mawrey QC declaring his 2014 election void and barring him from standing in the mandated repeat of the poll.

The only surprise is the qualified nature of the statement as his website had already announced his decision to appeal two days before. This site also directs readers to a petition which describes the case as, “a politically-charged stitch up and an anti-democratic coup.” The Guardian quotes the Head of the Tower Hamlets branch of UNITE as describing the judgment as “an undemocratic assault on the people of Tower Hamlets” which was both “racist” and “Islamophobic”.

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Appointment to the bench is not a licence for judges to be gratuitously rude to those appearing before them

helmet3The target of this barb was the case management style of HHJ Dodds. The author, one of three Judges of Appeal empanelled in Re A (Children) [29 January 2015] (we will have to await a full judgment to discover which as – so far – only a Lawtel summary is available).

HHJ Dodds is well known to readers of this blog. His style of case management was also analysed (and found wanting) by the Court of Appeal the following day in Re S-W (children) [2015] EWCA Civ 27 (30 January 2015). The judgments leave one to ponder whether these cases are a product of the stresses that have emerged from the greater expectations now put on the shoulders of judges to case manage litigation or whether, as previously discussed in this blog by David Hart QC here, it is a problem that arises with clever judges who find that they are, by temperament, not inclined to listen patiently to other people (generally considered to be a core part of the job description).

In Re S-W (children), HHJ Dodds made final care orders concerning three children at a hearing designated for case management less than three weeks after the application was made. The Court of Appeal overturned the orders (no party supported the judge’s actions) deeming care proceedings to be inapt for summary judgment in all but the most exceptional of circumstances (e.g. consent). Amongst the enumerated problems were that, the father of one of the children had not been served with notice of the proceedings, the children’s Guardian had not seen the children and there were no final care plans before the court. The judge did not even give a reasoned judgment. The Court of Appeal had to look at the transcript instead. This revealed that the judge had made his settled (and trenchantly expressed) view known within minutes of the hearing commencing. According to the court,

All the parties crumbled under the judge’s caustically expressed views.

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