Photo credit: The Independent
In the news
The controversial Trade Union Bill this week passed its second reading in the House of Commons by a majority of 33 MPs. The bill contains plans to impose a minimum 50% turnout in industrial action ballots, whilst public sector strikes will require the backing of at least 40% of all eligible voters. It further includes proposals to:
- Increase the period of notice given by unions before a strike can be held from seven to 14 days;
- Permit the employment of agency workers to replace permanent staff during strike action; and
- Introduce fines of up to £20,000 on unions if pickets do not wear an official armband.
The civil rights organisation Liberty has warned that the bill will infringe the right to join a trade union, protected by Article 11 of the ECHR. Director Shami Chakrabarti has described the measures as a “spiteful and ideological attack” on freedoms that “must have one-nation Tories like Disraeli and Churchill spinning in their graves.”
Aspects of the bill have moreover come into criticism from senior members of the Conservative party. David Davis MP made clear his opposition to the requirement that organisers of picket lines register their details with the police, suggesting that the proposed reform was reminiscent of the Spanish dictatorship of General Franco.
Business Secretary Sajid Javid has, however, defended the measures, insisting that the reforms would “stop the ‘endless’ threat of strike action” and ensure that the right to strike was “fairly balanced with the right of people to be able to go about their daily lives and work.”
- A coroner has concluded that the suicide of 60-year-old Michael O’Sullivan was a direct result of his assessment by a DWP doctor as being fit for work. Mr O’Sullivan, who suffered from severe mental illness, hanged himself after his disability benefits were removed. The Independent reports.
- Proposals announced by the Ministry of Justice to further increase court fees have been criticised by the Bar Council, which has warned that higher costs would give wealthy individuals and big business an unfair advantage over weaker parties in court proceedings. The Bar Council press release can be read in full here.
- The Guardian: Cuts to legal aid have led to an increase in demand for free legal representation and advice, placing considerable strain on the resources of charities and lawyers engaged in pro bono work.
- Local Government Lawyer: Lord Chancellor Michael Gove has launched a review of the youth justice system, which is to be led by Charlie Taylor, former chief executive of the National College of Teaching. Mr Gove noted in a statement to Parliament that 67% of young people leaving custody reoffend within a year, and emphasised that the rehabilitation of young offenders had to be a government priority.
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Photo credit: The Guardian
A number of campaigning groups were recently informed by the Metropolitan Police that Scotland Yard would no longer provide traffic management at their planned demonstrations. Instead, these groups would be required to devise their own road closure plans and to pay a private security firm to carry out the task.
One of the groups, the organisers of the Million Women Rise rally, estimated that this would cost them around £10,000. The groups refused, arguing that this would amount to a breach of their right to protest.
The Met ultimately backed down – but what if it hadn’t? What is the legal position?
Richardson v Director of Public Prosecutions  UKSC 8 – read judgment / press summary
The tactics of protesters engaging in demonstrations, or acts of civil disobedience, frequently raise interesting questions of law. A demonstration by two activists opposed to the Israeli occupation of the Palestinian Territories, who entered a shop in Covent Garden which sold produce from the Dead Sea, produced on an Israeli settlement, recently resulted in the Supreme Court addressing two such questions.
First, in what circumstances can someone who trespasses on premises and disrupts the activities of the occupiers avoid prosecution by arguing that those activities were in some way unlawful?; and second (obliquely) is the construction of Israeli settlements on the West Bank an offence under English law? The short answers were (1) only when the unlawfulness is integral to the occupier’s activity; and (2) probably not.
Wright v Commissioner of Police for the Metropolis  EWHC 2739 (QB) – Read Judgment
Image via Richard Millett’s Blog
The High Court has found that the containment of a protester in a designated protesting pen for seventy five minutes was not unlawful at common law, nor under the Human Rights Act 1998.
On 30th March 2011, a seminar marking sixty years of British-Israeli diplomatic relations took place in Chatham House in St James’ Square, London. The Israeli President, Mr Shimon Peres, was to be in attendance, and a group of protesters from the Palestinian Solidarity Campaign took the opportunity to demonstrate outside the seminar venue.
Sindacutul ‘Pastorul Cel Bun’ v. Romania  ECHR 646 – read judgment here.
The Orthodox Archbishop of Craiova in Romania, that is, not the Archbishop of Canterbury. The European Court of Human Rights recently handed down an interesting ruling on Article 11 (freedom of assembly and association) that could also have more far-reaching consequences for the application of Article 9 (freedom of religion).
The Grand Chamber, overruling the earlier decision of the Third Section, held by a majority that it was not a breach of the right to freedom of association for the Romanian Government to refuse to register a trade union formed by a group of Orthodox priests, after the Archbishop and Holy Synod (the governing body of the Romanian Orthodox Church) had decided formal trade unions should not be allowed within the church.
Pharmacists Defence Association Union v Boots Management Services Ltd – Read judgment
The consequences of the change of approach of the European Court of Human Rights in the Article 11 case of Demir has definitely washed up on the shores of the UK
In a recent decision of the Central Arbitration Committee presided over by Mary Stacey, it was decided that it was necessary to amend the wording of the Trade Union and Labour Relations (Consolidation) Act 1992 (Sched 1A para 35) to make it compliant with Article 11 of the ECHR and the decision of the Strasbourg Court in Demir and Baykara v Turkey.
The decision of the CAC is a report from the front line of the battle between independent unions and employers about granting the former recognition.
Harlan Laboratories UK L & Another v Stop Huntingdon Animal Cruelty and others  EWHC 3408 (QB) – read judgment
The High Court has granted a medical testing laboratory a final injunction against anti-vivisectioners protesting outside their premises.
Harlan laboratories breed animals for medical and clinical research purposes. The applicants’ harassment claim included assertions that the respondent anti-vivisection groups had verbally abused those entering and leaving its premises, blocked and surrounded vehicles entering and leaving the premises in a threatening manner and trespassed on Harlan’s property. They had also photographed Harlan’s employees and recorded their vehicle registration details. Interim injunctions had been granted restraining, inter alia, where and how often the respondents could demonstrate outside of Harlan’s premises.
The issues in this application were whether the applicants were entitled to summary judgment on their harassment claim and whether the court should grant a permanent injunction pursuant to s.3(3) of the 1997 Protection Against Harassment Act. The applicants also applied for a permanent injunction under section 37 of the Senior Courts Act 1981. Continue reading