As I am sure will not have escaped you, these are interesting times for human rights. We still await the detailed Conservative proposals for replacing the Human Rights Act with a Bill of Rights, so it is difficult with any certainty what will happen.
I wanted to gather together a few pieces of commentary and media appearances I have done in the past week, so here they are. We will, of course, be following closely what comes next.
There has been a huge amount more already. Some illuminating pieces (certainly not comprehensive):
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?
John Catt. Photo credit: The Guardian
R (Catt) and R (T) v Commissioner of Police of the Metropolis  UKSC 9
A majority of the Supreme Court has held that the retention by police of information on the Domestic Extremism Database about a 91 year-old activist’s presence at political protests was (1) in accordance with the law and (2) a proportionate interference with his right to a private life under Article 8(1) of the ECHR.
However, Lord Toulson’s dissent noted that the information was retained for many years after Mr Catt had attended these mainstream political events, and the police had concluded that he was not known to have acted violently. Accordingly, he thought its retention was unnecessary and disproportionate.
The Counter-Terrorism and Security Bill begins its final stages in the House of Lords today. This blog considered the Bill on its introduction to the Lords. In the interim, both the Joint Committee on Human Rights and the Constitution Committee of the House of Lords have reported, both recommending significant amendments.
Despite repeat flurries of excitement as a coalition of Peers suggest time and again that most of the controversial Communications Data Bill – popularly known as the Snoopers’ Charter – might be a late-stage drop in; the press has, perhaps regrettably, shown little interest in the Bill.
Photo credit: guardian.co.uk
Chief Constable of Greater Manchester v Calder  EWHC B11 – Read judgment
Adam Wagner represented Scott Calder in this case. He is not the writer of this post.
The Greater Manchester Police (‘GMP’) have been unsuccessful in an attempt to obtain an Injunction to Prevent Gang-Related Violence (‘IPGV’ or ‘Gangbo‘) against Scott Calder. The application was based on police intelligence and the lyrics of Mr Calder’s YouTube Grime Rap videos. On 14 January 2015, Mr Justice Blake dismissed the GMP’s appeal to the High Court, and in doing so laid out guidance on the purpose and ambit of the IPGV legislation, which is currently being substantially amended by Parliament.
The below is based on the Judge’s ex tempore judgment (i.e. given at the hearing). We will post the full judgment when it is available.
As the world’s press and public stand vigil in support of Charlie Hebdo and the families of the victims of Wednesday’s attack, we wake this morning to reports that our security services are under pressure and seeking new powers. The spectre of the Communications Data Bill is again evoked. These reports mirror renewed commitments yesterday to new counter-terrorism measures for the EU and in France.
This blog has already covered the reaction to the shootings in Paris in some detail. The spectrum of reaction has been about both defiance and fear. The need for effective counter-terrorism measures to protect us all, yet which recognise and preserve our commitment to the protection of fundamental rights is given a human face as people take to the streets to affirm a commitment to protect the right of us all to speak our mind, to ridicule and to lampoon, to offend and to criticise, without fear of oppression or violence. It is against this backdrop that we might remember that UK Ministers are already in the process of asking Westminster to expand our already broad framework of counter-terrorism legislation.
Last night I tweeted that none of the UK newspapers has dared to show a single cartoon from the Charlie Hebdo satirical magazine on today’s front pages. This has been retweeted over 1,500 times and counting. For the Twitter-unitiated, that is a lot. My tweet hit a nerve and I want to explain why I think that is.
The Charlie Hebdo massacre was, for me, even more affecting that the usual indiscriminate Islamist terror attacks. The gunmen targeted political satirists and cartoonists – they killed the clowns. At base it was, as has been said a million times already, an attack on freedom.
Charlie Hebdo is a left-wing satirical magazine. Safe to say it is anti-religious, amongst other things. It has printed many cartoons of religious leaders including of Mohammed. The magazine’s offices were firebombed in 2011 after it changed its title to Charia Hebdo (a play on Sharia, the Islamic system of law). Its staff were under constant threat but remained unbowed.