Category: BLOG POSTS
25 October 2011 by Adam Wagner
At around the same time that 79 Conservative Party MPs were rebelling over a European referendum, the Conservative Attorney General was giving a very interesting speech entitled European Convention on Human Rights – Current Challenges.
In a month in which the Justice Secretary called part of the Home Secretary’s speech on human rights “laughable” and “childlike”, Dominic Grieve presented a refreshingly grown-up argument on human rights reform.
The speech is worth reading in full. Grieve presented the Government’s arguments, most of them already well-known, on why the Human Rights Act needs to be replaced by a Bill of Rights. There were no big surprises; his central theme, subsidiarity, that is the European Court giving member states more space to set their local social policy, is something which the Justice Secretary has spoken about – see my post on his evidence to the European Scrutiny Committee.
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24 October 2011 by Rosalind English
N.A. (Iran) v Secretary of State for the Home Department [2011] EWCA Civ 1172 – read judgment
This application raises a significant issue about the treatment of vulnerable asylum-seekers and their children following certification of their claim as clearly unfounded.
It concerned the interface between state authorities’ obligations under the EU system of determining responsibility for examining asylum claims under the Dublin II Regulation (2003/34/EC), on the one hand, and their obligations under the European Convention of Human Rights on the other. Although Convention rights theoretically form part of the “principles” of EU law, this case is a neat illustration of how the states’ duties under the two regimes are subtly different, and how attentive the courts have to be to the individual circumstances of the case.
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24 October 2011 by Adam Wagner
The Commission on a Bill of Rights consultation is closing on 11 November 2011, which is two weeks on Friday. If you trying to decide what you think about the consultation paper (the paper itself is unlikely to help much, as it doesn’t provide any options), then there are two excellent events coming up which may help.
The UCL Institute for Human Rights Debate, Does Britain Need a Bill of Rights?
Free event, this Wednesday 26 October: Book here , Registration from 6:30pm, Event starts at 7pm, featuring
- Chris Bryant MP – Shadow Minister for Political and Constitutional Reform,
- Aileen Kavanagh – University of Oxford,
- Colm O’Cinneide – UCL,
- Saladin Meckled-Garcia – UCL Institute for Human Rights. Chaired by
- Joshua Rozenberg, Presenter of the BBC’s Law in Action
A Bill of Rights for the UK? – Human Rights Lawyers Association
Free event, Wednesday 2nd November 2011, 6pm – 7.30pm, BPP Law Centre, 68-70 Red Lion Street, London WC1R 4NY – info here
- Chair Madeleine Colvin, Immigration Judge, Human Rights Consultant, Doughty Street Chambers
- Speaker: Professor Colin Harvey, Head of the Law School, Queen’s University Belfast and Northern Ireland Human Rights Commissioner 2005-2011
- Discussant Jonathan Cooper, HRLA Chair
24 October 2011 by Melina Padron
Welcome back to the human rights roundup. Our full list of links can be found here. You can also find our table of human rights cases here and previous roundups here.
by Melinda Padron
In the news:
Privacy and the media
Last week Lord Judge LCJ gave a speech on “press regulation” at Justice’s Annual Human Rights Law Conference.
His speech was an unusual one, given that judges generally refrain from commenting on the important issues of the moment. Lord Judge was supportive of Lord Justice Leveson and of the Press Complaints Commission, both targets of criticism in the context of the inquiry into the culture, practices and ethics of the press and the Leveson inquiry.
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23 October 2011 by Adam Wagner
Headlines are important. They catch the eye and can be the only reason a person decides to read an article or, in the case of a front page headline, buy a newspaper. On Thursday The Times’ front page headline was “Britain can ignore Europe on human rights: top judge”.
But can it? And did Lord Judge, the Lord Chief Justice, really say that?
To paraphrase another blog, no and no. The headline, which I am fairly sure was not written by Frances Gibb, the Times’ excellent legal correspondent and writer of the article itself, bears no relation to Lord Judge’s comments to the House of Lords Constitution Committee (see from 10:25). It is also based on a fundamental misunderstanding of how the European Convention on Human Rights has been incorporated into UK law.
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22 October 2011 by Guest Contributor
Adam Wagner’s October 19th post on Sir Scott Baker’s Extradition Review Panel report noted that the document “mostly backed the status quo,” calling attention to its rejection of proposed reforms to the “forum bar” rule, the US/UK Treaty, and the lack of a prima facie case requirement.
While it’s true that the Report left much to be desired for extradition reform campaigners, especially those focusing on US/UK extradition issues, reformers can take comfort in the Report’s response to proposed reforms of the European Arrest Warrant (EAW), which offered a rather different picture than was reported.
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22 October 2011 by David Hart KC
Cost Protection for Litigants in Environmental Judicial Review Claims
In this consultation announced this week, the Ministry of Justice is trying to get itself out of the multiple Aarhus problems facing UK justice. Infraction proceedings are threatened in the EU Court, and adverse conclusions were reached by Aarhus Compliance Committee; all much posted about on this blog, for which see below. The main problem is that the Aarhus Convention requires that environmental challenges not be “prohibitively expensive”, and everybody now appears to agree that the basic UK system of “loser pays the costs” does not achieve that objective without changes. So what does MoJ propose to do about it?
It says that costs protection should be provided via codification of the rules concerning Protective Costs Orders. That means that a claimant in any public interest case may ask the court for a PCO, to “cap” his liability to pay the other side’s costs to such a figure as does not deter him from bringing those proceedings. The boundaries of when a PCO can be ordered are much fought over – leading to more costs – but it certainly extends in principle to all public interest judicial review cases, not simply environmental ones. It is possible (at its very lowest) that PCOs can be made in public interest environmental challenges not involving judicial review, though there is not yet a decision either way on that.
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20 October 2011 by Shaheen Rahman
Updated | Bailey & Others v London Borough of Brent Council [2011] EWHC 2572 (Admin) – Read judgment
Every Wednesday my daughter looks forward to the arrival of the mobile library at her nursery. Two by two the children go into the little world of books and emerge holding a new story they have chosen for themselves.
Not for long. Despite the well-documented advantages of exposing children to the joys of reading at an early age – before the attractions of TV, video games and looting shops take hold – library services across the land are being targeted for cuts.
The duty to provide library services for children was one of the key arguments advanced by campaigners in Brent challenging the council’s decision to close 6 of its 12 libraries. Reliance was placed upon section 7 of the Public Libraries and Museums Act 1964. This requires local authorities to provide a comprehensive and efficient library service.
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20 October 2011 by Melina Padron
Welcome back to the human rights roundup, a regular bulletin of everything we have not managed to feature in full blog posts. The full list of links can be found here. You can also find our table of human rights cases here and previous roundups here.
by Melinda Padron
In the news
The UK Supreme Court under the spotlight
Last week the UKSC’s constitutional status, message, work and composition were the focus of various articles.
Roger Masterman and Jo Murkens tried to establish what kind of court is the UK Supreme Court, with particular reference to its constitutional status. Amongst many interesting points, Masterman and Murkens believe that as a result of some of its own features, the Court has begun cementing its place as a constitutional actor of its own right.
Richard Cornes, for the Guardian, believes that the most interesting message the Supreme Court is sending has gone almost unheard. Cornes argues this is the result of a combination of the obstacles to the efforts to make the Court more transparent, and the quality of coverage of the Court’s work. In particular, Cornes believes readers of mainstream media (he cites the Daily Mail, the Times and the Guardian as examples) will not have the same impression of the Supreme Court as the person who follows the UK Human Rights blog’s Twitter feed or checks the Guardian Law or Times Law pages online.
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19 October 2011 by Adam Wagner
The Cabinet Office has released its long awaited (by this blog at least) Justice and Security Green Paper, addressing the difficult question of to what extent the state must reveal secret information in court proceedings. A consultation has been launched on the proposals; responses can be sent via email by Friday 6 January 2012.
The review was announced shortly after the Coalition Government came to power, on the same day that Sir Peter Gibson’s Detainee Inquiry was launched. In summary, the Government has recommended that controversial Closed Material Procedures and Special Advocates are used more frequently, particularly in civil proceedings. The courts have been reluctant to take this step themselves as any expansion of secret procedures will have significant effects on open justice and the right to a fair trial.
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19 October 2011 by Adam Wagner
A review of the UK’s extradition laws by a former Court of Appeal judge has found that existing arrangements between the UK and USA are balanced but the Home Secretary’s discretion to intervene in human rights cases should be removed.
The review by Sir Scott Baker was commissioned shortly after the Coalition Government came to power, fulfilling the pledge in its programme for government to ”review the operation of the Extradition Act – and the US/UK extradition treaty – to make sure it is even-handed”. In my September 2010 post I said that the review marked a victory for campaigners against certain extradition agreements, most notably the supporters of alleged Pentagon hacker Gary McKinnon (pictured).
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18 October 2011 by Guest Contributor
R v Blackshaw and others [2011] EWCA Crim 2312 – Read judgments / press summary
The Court of Appeal (Criminal Division) has issued judgment in relation to ten appeals against sentences imposed for convictions arising from the August disorder.
On 20th August, in a post related to the August disorder, Law and Lawyers looked at relevant sentencing principles and also at the views arrived at by the Crown Court judiciary in Manchester. It was clear, even at that stage, that the context of widespread disorder would be seen as a serious aggravation of offences such as burglary, theft and handling stolen goods. The 20th August post commented that – “It must be doubtful whether the Court of Appeal would adopt a substantially different viewpoint” to that of the Manchester judiciary.
This has proved to be the case though the Court of Appeal said that it is inappropriate for Crown Court judges to “issue, or appear to be issuing, sentencing guidelines.” That is a task for
the Court of Appeal and the Sentencing Council – and the court and council have a relationship of “mutual respect and comity.”
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18 October 2011 by Rosalind English
Independent Schools Council and the Charity Commission for England and Wales (Defendant), National Council for Voluntary Organisations and the Education Review Group (Interveners); Attorney General v Charity Commissioner for England and Wales (Referrer) and the Independent Schools Council (Respondents) [2011] UKUT 421 (TCC) – read judgment
It is not for the Charity Commission or the courts to impose on trustees of a school their own idea of what is for the “public benefit” so as to qualify for charitable status, the Upper Tribunal has ruled. In a detailed assessment of the law on charitable status both before and after the Charities Act, the Tribunal has indicated that the Act has not introduced any legal requirement to act in a way prescribed by the Charity Commission or anyone else. Provided they run their charity to ensure that the poor are able to benefit in a way that is more than minimal or tokenistic, they should be free to make their own considered assessment of what is for the “public benefit” in the circumstances pertaining to their own institution.
The right to education played no role in these proceedings, which turned on the meaning of charitable status in the strict sense. But this case nevertheless has very real implications for the regulation of education in this country, mired as it is in the bitter controversy over state versus private education. This is still a weeping sore for which there is no salve. But the Tribunal’s firm steer towards autonomy at least puts paid to the efforts of the past government to micromanage schools behind the smokescreen of charity law.
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17 October 2011 by David Hart KC
Cornwall Waste Forum, St Dennis Branch v Secretary of State for Communities and Local Government (2011) QBD (Admin, CO/6088/2011), Collins J, 13 October 2011
An interesting case about who is to decide issues of air quality in a planning case about incinerators/energy-from-waste plants – that choice of terminology depends on whether you are objecting to or applying for permission to construct. Because the judgment is extempore, it is very shortly reported at the moment (on Lawtel for those who have access to this subscription service), though some extracts are to be found on the claimants’ website.
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14 October 2011 by Adam Wagner
A quick note to highlight an excellent 2-day seminar on Economic and Social Rights in the Age of Austerity at The Law Society’s annual human rights symposium. It is on 21-22 October. All details are here.
For more on economic and social rights – which are a newish frontier in the human rights world and very controversial – see Rosalind English’s posts here and here.
A host of high profile speakers will lead discussion at the event, which is to be held at the Law Society’s headquarters on Chancery Lane, London. Here are some of the speakers
- Andy Slaughter MP (Labour MP and Shadow Justice Minister),
- Justice Albie Sachs – former Justice of the South African Constitutional Court
- Lady Justice Arden – Lady Justice of the Court of Appeal of England and Wales
- Kate Green MP – Labour MP, chair of the All Party Parliamentary Group on Poverty and member of the Work and Pensions Committee
- Professor Francesca Klug OBE – director, Human Rights Futures Project, LSE
- Baroness Walmsley – patron, CRAE, co-chair Liberal Democrat Parliamentary Policy Committee on Education, Families and Young People and sponsor of the 2009 ROCK Children’s Rights Bill
- Professor Emeritus Richard Wilkinson – director, Equality Trust and author of The Spirit Level Background
There are good discounts for public sector organisations and students. I may be speaking in one of the “breakout” sessions on human rights in the media, depending on another commitment. But don’t let that put you off! Sign up now.
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