Category: In the news
30 June 2010 by Adam Wagner
The Mayor of London v Hall & Ors [2010] EWHC 1613 (QB) (29 June 2010) – Read judgment
The Mayor of London has won a court order to evict a camp of protesters from Parliamentary Square, with the High Court stating that his response to the protest was proportionate and not a breach of the protesters’ human rights.
The protesters have gained a temporary reprieve by appealing the decision, and according to their website have therefore delayed their eviction until at least 4pm on Friday 2 July
As we posted earlier this month, during the build-up to the General Election a number of protesters erected tents and flags in Parliament Square, a green outside the Houses of Parliament. The protesters named the site “Democracy Village”. Boris Johnson, the Mayor of London, launched an action for possession against the protestors, who he claimed were trespassing on Parliament Square.
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30 June 2010 by Rosalind English
The Queen on the Application of Janet Harris (Appellant) v London Borough of Haringey (Respondent) and Grainger Seven Sisters Ltd (2) Northumberland And Durham Property Trust Ltd (Interested Parties) and The Equality and Human Rights Commission (Intervener) [2010] EWCA Civ 703 22 June 2010 – read judgment
In granting planning permission for redevelopment of a site in an area made up predominantly of ethnic minority communities, a local authority had failed to discharge its duties under the Race Relations Act 1976 s.71(1)(b) as the requirements of s.71 had not formed, in substance, an integral part of the decision-making process –
The appellant challenged a decision to grant planning permission to the first interested party (“Grainger”) for the development of a site in Tottenham which incorporated an indoor market. The grant permitted the demolition of all the business and residential units on the site, and erection of mixed use development with parking and “public realm improvements”.
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25 June 2010 by Rosalind English
Wikileaks founder Julian Assange, who has been on the run from the US authorities after being linked to a serious US national security breach, has come out of hiding in Belgium.
The Telegraph
reports that trouble started for Assange after a US intelligence analyst bragged about sending 260,000 confidential state department cables about the wars in Afghanistan and Iraq to the online whistleblower website. Washington tried to stop the classified information being posted online by arresting the analyst, Bradley Manning. Amid reports that he was the target of a US military manhunt, Mr Assange went to ground for one month.
Continue reading →25 June 2010 by Adam Wagner
Baroness Hale of Richmond has spoken to the Salford Human Rights Conference on the development of human rights law, and has lamented the time spent on constitutional wrangling rather than applying the essence of the Act.
Lady Hale is the only female judge on the UK Supreme Court. The speech can be downloaded here, and makes for interesting reading; many thanks to the UK Supreme Court Blog who have provided a useful summary.
Lord Phillips, the head of the Supreme Court also spoke recently on the Human Rights Act, responded to accusations that it is hampering the fight against terrorism. He said that “respect for human rights is a key weapon in the ideological battle”. Lady Hale suggested that the tension between the Government and the courts arising from such cases is preventing judges from doing their job. She concluded:
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23 June 2010 by Rosalind English
The controversial Equality Act, which was designed to replace a number of anti-discrimination laws, was due to come (partially) into force in October. However the intervening change of government since its enactment in April 2009 appeared to threaten the legislation, particularly after the timetable for the gradual enforcement of its provisions was withdrawn.
Some experts speculated that instead of repealing the Act, the new Government would simply not bring certain parts of it into force, notably the provisions on pay reporting and positive discrimination that were unpopular with the Conservative Party. However the Government Equality Office has now reinstated the original timetable, with the core provisions due to commence in October.
There is still some possibility that some parts of the Act will not become law. Introduced as part of the Labour Party’s 2005 manifesto fulfilment, the Equality Act came under fire for some of its sections dealing with equal pay, positive action and addressing socio-economic disadvantage.
22 June 2010 by Adam Wagner
George Osborne is to announce the Government’s emergency budget today. Although the Government has been seeking to emphasise measures which will soften the blow to the poor, the fact remains that these are the biggest cuts in decades and that many will end up worse off, particularly if wages decrease and unemployment increases.
Update: The full budget can be downloaded here. The section on benefits starts at page 33.
The Government is to cut benefits by £11bn by 2014-15. The huge cost of benefits (“spending on social security and tax credits has increased by 45 per cent, around £60 billion, in real terms over the past 10 years.), the Chancellor told Parliament, were one of the reasons why there isn’t any more money in the Government coffers. The Health in Pregnancy grant will be abolished from 2011 and Sure Start will be limited. Child Benefit is to be frozen for the next three years. Disability Living Allowance will be restricted by a new medical check from 2013. The Chancellor has said he will “increase the incentives to work” and will reassess benefits on the basis of the Consumer Price Index rather than the Retail Price Index. Housing benefit will be limited significantly and maximum limits on what can be claimed are to be introduced for the first time.
Rosalind English posted two weeks ago on whether budget cuts will lead to revised calls for “socio-economic” human rights; a concept which is as old as the European Convention on Human Rights and just as controversial. We will now revisit that post.
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22 June 2010 by Adam Wagner
Holder v. Humanitarian Law Project, United States Supreme Court – Read judgment
The US Supreme Court has ruled that it does not violate the US Constitution for the government to block speech and other forms of advocacy supporting a foreign organization that has been officially labeled as terrorist, even if the aim is to support such a group’s peaceful or humanitarian actions.
The judgment does not, of course, have any direct effect on the UK. But UK anti-terrorism legislation already provides the police with broad powers to prosecute those who support terrorist groups. The UK Government is likely to be keeping a close eye on the United States in order to guide future policy, in terms of what is and what is not beyond the pale in restriction freedom of expression.
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18 June 2010 by Adam Wagner
The controversy generated by the Bloody Sunday Inquiry continues to generate much comment and conjecture.
Lord Saville himself is to resign his judicial post in the Supreme Court early, although he was only a year away from retirement at age 75.
The most pressing concern for many of the relatives of those who were killed will be riding the momentum in order to push for prosecutions; either for the deaths themselves (fairly unlikely given the length of time which has elapsed since the killings) or perjury. Whilst public inquiries are not supposed to lead directly to prosecutions, at least not as a result of a person’s self-incriminating evidence, they can led to charges if someone is found to have lied under oath. The views of the families of the dead appear to be mixed in relation to this possibility.
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18 June 2010 by Adam Wagner
The Equality Act 2010 may be a quiet addition to the Coalition Government’s repealing agenda as the Government Equality Office (GEO) withdraws the timetable for its implementation.
According to Out-law.com, a spokesperson from the GEO said “An announcement on scheduling for implementation of the Equality Act will be made in due course” and also confirmed that the new Government is not bound by the timetable set by its predecessor.
The Equality Act 2010 was passed into law on in the dying days of the New Labour government despite opposition of from the Pope, who complained that it would run contrary to “natural law” due to its likely effect on Catholic adoption agencies. The Conservatives may have more luck, however, in thwarting the Act’s implementation and in particular three aspects of it which they are opposed to. Some of the main provisions were supposed to come into force in October, but this now appears to have been put on hold. The original timetable can be accessed here.
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17 June 2010 by Adam Wagner
The BBC report that plastic bags are to be put over “scores” of surveillance cameras in Birmingham following allegations that they deliberately targeted Muslim areas.
Update 19/06/10: Campaigners and the Guardian say police are now facing an investigation for failing to disclose the true purpose of the cameras
The decision marks a victory for campaigners who threatened to bring a judicial review challenging a surveillance project that uses 150 automatic number plate recognition cameras to monitor the roads in two predominantly Muslim areas of Birmingham. We posted earlier this week on the issue, sparked by a Guardian investigation:
The newspaper’s investigation has led to considerable public criticism of the scheme and the threat of legal action. The criticisms have concerned three main areas.First, it has been alleged that the scheme constitutes an unacceptable infringement of civil liberties. Local MPs Roger Godsiff (Labour) and John Hemming (Lib Dem) have attacked it on these grounds, with the latter said to be seeking the support of Deputy Prime Minister Nick Clegg. Second, there have been complaints about a lack of consultation despite the fact that Project Champion is reported to be undergoing tests with the intention of going live in August.
The cameras will not be used “until a consultation has been carried out“.
16 June 2010 by Adam Wagner
Lord Saville has already come under significant criticism for the time and money which has been swallowed up by the Bloody Sunday Inquiry. Future public inquiries could now be under threat as new Justice Secretary Ken Clarke has accused the Lord Saville of allowing the process to get “ludicrously out of hand“.
The Saville Inquiry Report was published yesterday and can be downloaded here, a summary here and a good analysis here. Lord Saville’s long-awaited inquiry into the Bloody Sunday killings of 30 January 1972 was set up to investigate the events surrounding a march in Derry when 29 protesters were shot by British soldiers, leading to 13 deaths. The Inquiry has been widely criticised prior to its findings.
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15 June 2010 by Matthew Hill
The Human Rights organisation Liberty is threatening to bring a judicial review challenging a surveillance project that uses 150 automatic number plate recognition (“APNR”) cameras to monitor the roads in two predominantly Muslim areas of Birmingham.
Update 18/06/10 – Muslim area CCTV cameras to be covered by plastic bags [updated]
The Guardian reports that the plan, Project Champion, is funded by the Association of Chief Police Officer’s Terrorism and Allied Matters fund, which is intended to “deter or prevent terrorism or help to prosecute those responsible”. Project Champion provides for three times as many APNR cameras in the suburbs of Sparkbrook and Washwood Heath as are present in Birmingham City Centre. According to the Guardian: “The cameras form “rings of steel”, meaning residents cannot enter or leave the areas without their cars being tracked. Data will be stored for two years.”
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14 June 2010 by Adam Wagner
No entry?
A number of recent cases have ignited an interesting debate on the place of religion in the UK court system, and whether the courts are doing enough to ensure religious freedom as they are obligated to do under Article 9 of the European Convention on Human Rights.
The most notorious example has been McFarlane v Relate Avon Ltd, an unfair dismissal claim brought by a relationship counselor who as a result of his Christian beliefs refused to promote gay sex. The former Archbishop of Canterbury submitted a witness statement stating that cases such of these should be heard by judges with special religious sensitivity. Lord Justice Laws in the Court of Appeal rejected his arguments outright.
We also posted last week on the Hardeep Singh case, in which Mr Justice Eady in the High Court effectively threw out a libel action because it rested upon fundamental principles of legal doctrine which could not properly be examined by a secular court. We posted:
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11 June 2010 by Adam Wagner
The Guardian claims to have access to key findings of the long awaited inquiry into the Bloody Sunday killings of 30 January 1972, and some of the soldiers implicated may now face prosecution almost 40 years after the event.
The Inquiry was set up to investigate the events surrounding a march in the Bogside area of Derry in 1972 when 29 protesters were shot by British soldiers, leading to 13 deaths.
Lord Saville’s report, which marks the conclusion of the longest and most expensive public inquiry in British history, “will conclude that a number of the fatal shootings of civilians by British soldiers were unlawful killings“. However, the Guardian has not revealed where its information originates from, or how the shootings were “unlawful”, which could mean a number of different things.
The report is to be published on Tuesday 15 June at 3pm. The Inquiry’s website, which also has transcripts of the hearings, can be found here.
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10 June 2010 by Adam Wagner
The Government has commissioned an independent review of children’s social work and frontline child protection practice. Child protection services have been widely derided as a result of a series of scandals such as that involving baby Peter Connelly (Baby P), and many lawyers feel the court system is at breaking point.
Update 13/06/10 – The Court of Protection has issued its first annual report, which can be accessed here. The forward to the Report says “The court has had to endure more than its fair share of setbacks, which were caused in the main by a failure to anticipate, prior to the implementation of the Act, the volume of work that would inundate the court during the initial transitional period, and the overall burden it would place on the judges and staff.”
According to a Department for Education (DoE) press release, Michael Gove, the Secretary of State for Education, has asked Professor Eileen Munro, a professor of social policy at the London School of Economics, to lead the a “fundamental” review of child protection services. Professor Munro has written widely on child protection and the regulation of child care.
According to the DoE, the Government intends to
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The Mayor of London v Hall & Ors [2010] EWHC 1613 (QB) (29 June 2010) – Read judgment
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