Search Results for: justice and security bill


The Weekly Round up: planned new Bill of Rights; fall in the success rate of JR claimants; Afghan judge applies for relocation to UK

4 July 2022 by

Criticism of the planned British bill of rights has been gathering momentum. Free speech campaigners have argued that it will undermine freedom of expression rather than support it.  Labour’s shadow justice minister called it ‘a very dark day for victims of crime, for women, for people in care, for everyone in this country who rely on the state to protect them from harm’ . A cross-party amendment that would include the right to abortion has been proposed. While Dominic Raab stated that abortion is already ‘settled in UK law’, Labour MPs have argued that there should be a free vote for MPs on enshrining abortion in the bill as a fundamental right.

Nicola Sturgeon has announced that the Scottish government intends to hold an independence referendum on 19th October 2023. Her government has requested that the Supreme Court give a ruling on whether they can legally call such a referendum without authorisation from Westminster. Sturgeon commented that if the court’s response is negative, the next general election could provide a ‘de facto referendum’ on independence.   

In other news

According to a recent analysis, the proportion of judicial reviews in England and Wales in which claimants have won has fallen by 50% since 2020. Last year, 31 judicial reviews (excluding immigration) found for the claimant in the High Court, the lowest number since 2001, when records began. Jolyon Maugham QC, director of the Good Law Project, responded with a warning that the rule of law ‘could easily become a relic for the history books’

The Ministry of Justice and the Attorney General’s Office have called on the Law Commission of England and Wales to review the law regarding contempt of court. This comes amidst concerns that the current system is ‘disordered and unclear’. The review will aim at simplification, clarification, consistency and greater effectiveness within the law regarding civil and criminal contempt of court. It will address, among other things, Article 10 ECHR in relation to publishing information about court proceedings, potential procedural issues, responsibility for adjudication, investigation and prosecution, and the appropriateness of current penalties. 

The UK Information Commissioner has announced that public authorities will only be fined for data breaches in ‘the most egregious cases’. The effectiveness of fines as a deterrent was doubted by the Commissioner. Public reprimands will be used more frequently, alongside enforcement notices, as part of ‘a more proactive and targeted approach’. 


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Rights in a time of quarantine – an extended look by Niall Coghlan

17 March 2020 by

Quarantines and lockdowns are sweeping Europe: ItalyFranceSpain. Through them, states seek to contain Covid-19 and so save lives. It is difficult to imagine higher stakes from a human rights perspective: mass interferences with whole populations’ liberties on one side; the very weighty public interest in protecting lives on the other; and all this under the shadow of uncertainty and disorder. What, if anything, do human rights have to say?

To begin sketching an answer to this complex question, this post analyses the situation in the European state furthest down this path: Italy. After outlining the Italian measures (I), it argues that Italy’s mass restrictions on internal movement are unlikely to violate the right to free movement but pose problems in respect of the right to liberty (II). I conclude by summarising the tangle of other rights issues those measures raise and making a tentative reflection on the currently limited role of human rights law (III).

Before beginning, I should note that analysing measures’ human rights compliance in abstracto is difficult and slightly artificial: a great deal turns on how measures are implemented in practice and particular individuals’ circumstances. Moreover, my analysis is limited to the European Convention on Human Rights (‘ECHR’), and I do not profess expertise in Italian law (which is proving complex to interpret). The aim of this post is therefore to start, not end, debate about human rights’ role as these measures begin to spread across Europe.


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Confiscation of rape prisoner’s family photos not breach of right to family life

3 November 2010 by

Broom v Secretary of State for Justice [2010] EWHC 2695 (Admin) – Read Judgment

When he was transferred from Whitemoor prison to Wakefield Prison in May 2008, Mr. John Broom had 24 historical photos of his children and nieces confiscated. He had been in possession of those photographs for 18 years. He challenged the decision not to return the photos to him by way of judicial review, claiming that it breached his right to respect for his private or family life. Mr Justice Behrens concluded that there was no infringement of Article 8 of the ECHR in this case.

Mr. Broom is currently serving a discretionary life sentence following his conviction in 1992 for buggery and rape of a female. There were two females involved, one of whom was 16. The nature of this conviction was central to the decision to withhold Mr. Broom’s photographs. The Safeguarding Children Panel said that:

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Convention rights

29 April 2010 by

The European Convention

Below is a list of the Articles of the European Convention on Human Rights. You can click on the article itself for a description and analysis, or click the “posts” link after each article to see posts on the blog relating to that Article.

Weekly Round-up: judicial racism, Met misconduct, and a new PM

26 October 2022 by

Image Credits: The Guardian

In the news:

  • Rishi Sunak has formally been appointed the new UK prime minister, following Lizz Truss’ resignation on Thursday 20 October 2022. He is the youngest prime minister for more than 200 years and the first British-Asian prime minister.
  • A report by Baroness Casey has revealed that claims against Met Police officers of sexual misconduct, misogyny, racism and homophobia have been badly mishandled. According to the report, 1,809 officers – or 20% of all those facing allegations – had more than one complaint raised against them: less than 1% of officers facing multiple allegations had been dismissed from the force. Met Police Commissioner Sir Mark Rowley says he is ‘appalled’ at the findings and the situation ‘cannot continue’.
  • The University of Manchester has released a report which finds the judiciary in England and Wales to be ‘institutionally racist’. In a survey of almost 400 lawyers and judges, 95% said that racial bias played some role in outcomes in court and 29% said it played a ‘fundamental role’. The study also showed that judicial discrimination to be directed particularly towards black court users – from lawyers to witnesses to defendants. Since 2020, however, there has been only one published Judicial Conduct Investigations Office decision in which racism was found against a judge.

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Slow but steady on access to environmental justice from supreme court

20 December 2010 by

R (on the application of Edwards and another) (Appellant) v Environment Agency & others(Respondents) [2010] UKSC 57 – Read judgment

The development of the principles of access to justice in environmental cases moves on apace.

This case arose out of a failed attempt to seek judicial review of the Environment Agency’s decision to issue a permit for the operation of a cement works. The application was made under the Environmental Impact Assessment Directive 85/337/EC and the Intergrated Pollution Prevention and control Directive 96/61/EC, both of which incorporate Article 9 of the Aarhus Convention, which requires that costs for environmental proceedings should not be prohibitively expensive.

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The Queen’s Speech and human rights [updated]

25 May 2010 by

The Coalition Government has presented its legislative agenda for the coming year in the Queen’s Speech. Below are links to some of our previous posts which address some of the proposed policies.

The full line-up of bills announced can be found on the Number 10 website, or you can also read the full transcript. Our analysis of the Coalition’s human rights policies is here. The list will probably not be exhaustive, as some of the promises made in the Programme for Government may be instituted via secondary legislation or attached to other related Acts of Parliament.

One notable absence is any mention of reform to extradition policy (see our post from yesterday). The Programme for Government included the promise to “review the operation of the Extradition Act – and the US/UK extradition treaty – to make sure it is even-handed.” Liberty, the human rights organisation, had already welcomed the change in a statement on Monday. The family of Gary McKinnon would have also been waiting for this, as Mr McKinnon is currently awaiting a decision from the new Home Secretary as to whether he will be extradited to the United States on computer hacking charges. That being said, a change to the extradition arrangements may be included in another bill, although this seems unlikely.

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The Round-Up: Child Spies, Equal Opportunity for Fertility Treatment, and CJEU to rule on Article 50 revocation

1 October 2018 by

The European court of justice

The European Court of Justice. Image Credit: The Guardian

The courts open again for Michaelmas term today, but in the meantime the round-up has the latest on a fresh set of challenges to government and NHS policy, plus a successful Brexit reference to the ECJ.

Firstly, a legal action seeking to establish whether the UK can unilaterally revoke Article 50 of the Lisbon Treaty has been referred to the European Court of Justice by the Court of Session, Scotland’s supreme civil court.

The action was brought by a cross-party group of six Scottish MPs, MEPs and MSPs, and the Good Law Project.  The case was initially rejected in June as “academic and hypothetical”, but on appeal judges rejected the government’s core argument that the question was “academic” given that their policy is to leave the EU. Lord Carloway, Scotland’s most senior judge, commented: “It seems neither academic nor premature to ask whether it is legally competent to revoke the notification and thus to remain in the EU.”

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European Court of Human Rights to Consider Impact of Covid-19

18 April 2020 by

On UKHRB we’ve considered a number of the potential human rights implications of the Covid-19 pandemic and the measures put in place to combat it (Alethea Redfern’s round up is the best place to start, there have been a number of posts since, and there will be a podcast coming up on the subject next week on Law Pod UK). It was only a matter of time before some of these issues started to come before the European Court of Human Rights and, on Wednesday, a case involving the UK Government concerning the impact of Covid-19 on conditions of detention in prison was communicated: Hafeez v the United Kingdom (application no. 14198/20). 

Communication of a case takes place where an issue is considered to require further examination and the respondent state is invited to submit written observations on the admissibility and merits of the case. It is also an indication that the Court does not consider the case, on its face, inadmissible. 


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Comity of nations? US ban on US airlines complying with EU emissions law

10 January 2013 by

hr-2594One of the stranger and bolder pieces of US legislation slipped into force in November 2012 – The European Union Emissions Trading Scheme Prohibition Act of 2011 – sic. This  enables the US Secretary of Transportation to prohibit US airlines from complying with EU rules. Those EU rules apply to all airliners which touch down or take off in the EU, and requires them to participate in the EU Emissions Trading Scheme – designed progressively to limit carbon emissions from aviation via a cap and trade mechanism.

The US  Act would be odd enough in its lack of respect for the laws of other countries, had the Act’s beneficiaries (the US airlines) not sought to challenge the legality of the EU measure in the EU Courts – and failed: see my post on the judgment of the CJEU. As will be seen, the EU Court expressly rejected claims (by US airlines) that the rules had extra-territorial effect and conflicted with international aviation conventions. Hence, the scheme was lawfully applicable to US airlines – just as to those of all other countries using EU airports.

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Apocalypse soon? The UK without the European Convention on Human Rights

17 May 2013 by

HRLA speakersUpdated, 19 May 2013 | Last night, lawyers, academics, NGOs and even the President of the Supreme Court gathered in a basement conference room in central London.  Their purpose was to discuss the UK “without Convention Rights”, a possible future that some might view as post-apocalyptic, and others as utopia.  Either way, given recent political developments, the event could not, in the words of the Chair, Lord Dyson, “be more timely or topical.”

The seminar was hosted by city law firm Freshfields Bruckhaus Deringer LLP and presented by the Human Rights Lawyers Association and the Bingham Centre for the Rule of Law.  Lord Dyson, who is the Master of the Rolls (the second most senior judge in England and Wales), introduced three speakers:

  • David Anderson QC, the Government’s Independent Reviewer of Terrorism Legislation since 2011;
  • Professor András Sajó, the Hungarian Judge at the European Court of Human Rights; and
  • Professor Hugh Corder, Professor of Public Law at the University of Cape Town.

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Challenge to new voter ID pilot dismissed by Court of Appeal

9 June 2020 by

Voting in local elections in Haringey, London. Image: The Guardian

The Government’s announcement that eleven local authorities across England would be taking part in voter ID pilots for the 2019 local elections was controversial. There is a heated debate as to whether citizens should have to provide photo identification before receiving their ballot at elections. For some, it is a straight-forward measure to avoid the risk of fraud. For others, it is a policy that, by design or inadvertently, leads to the disenfranchisement of certain groups.

This debate was not considered by the courts in the challenge to the legality of the pilot schemes brought by Mr Neil Coughlan, a former district councillor from Witham Essex. But the consequences of the decision of the Court of Appeal in R (Coughlan) v Minister for the Cabinet Office [2020] EWCA Civ 723 could be profound for our electoral law.


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Equality, reconciliation and instability: the challenges before the South African Constitutional Court

5 November 2019 by

On Wednesday last week I had the great pleasure of speaking to a fellow South African, which we post in this week’s episode of Law Pod UK. I promise there are no references to rugby in the entirety of the interview. How could we have predicted anything anyway?

Kate O’Regan is the Director of the Bonavero Institute of Human Rights at Oxford University. She is also a former judge of the South African Constitutional Court (1994 – 2009). One fellow judge has said that she is “one of the finest minds ever appointed as a judge in South Africa”.

Our discussion ranges over a multitude of topics, such as the difficulty of reconciling customary law practices with the rights of women under the Bill of Rights, and the problem of enforcing the rule of law in the townships and on public transport in a country where most people are dependent on the state owned Metrorail to get to their place of work.


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Munira Ali: Examining the dissolution of the Joint Committee on Human Rights’ inquiry into mental health and deaths in prisons: another missed opportunity?

7 June 2017 by

The issues relating to imprisonment of individuals with mental health problems in the UK has attracted considerable attention, as the number of self-inflicted deaths has risen to the highest number since records began in 1978. With a rate of one prison suicide every three days, the director of the Howard League described the current rate as having reached “epidemic proportions”.  The steady rise of deaths in custody has prompted a series of inquiries in recent years, and has drawn scrutiny from UN bodies and Special Procedures, and more recently, UN Member States as part of a periodic review of its human rights performance. However, despite this, little progress has been made.

In view of this reality, the Joint Committee on Human Rights launched an inquiry into mental health and deaths in prison in 2016 in order to determine whether a human rights based approach can help to prevent deaths in prison of individuals with mental health conditions i.e. one that satisfies acceptable standards as laid down by national and international human rights law, and recognises the particular position of vulnerability in which detainees are placed. The inquiry specifically looked at why previous recommendations had not been implemented. To this end, the Committee received both oral and written evidence from authors of the various domestic inquiry reports and individuals whose lives have been directly affected by the issue, including relatives of individuals who had committed suicide in prisons.

However, the inquiry was unexpectedly cut short as a result of the decision to call a snap election.

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Event: The Future of Human Rights Protection in the UK – Tuesday 24 November 2015

11 November 2015 by

eustrainedI am co-organising an event to mark the launch of a fascinating new book, The UK and European Human Rights: A Strained Relationship? Edited by KS Ziegler, E Wicks and L Hodson. It will feature a talk by Dominic Grieve QC MP, the former Attorney General, on “The Future of Human Rights Protection in the UK: What Do We Know About the Government’s Proposals”.
 
The launch is brought to you by the University of Leicester, in conjunction with RightsInfo, and kindly hosted by Reed smith.
Date: Tuesday 24 November
Time: 4.30-7pm
Venue: Reed Smith, Broadgate Tower, 20 Primrose St, London EC2A 2RS.
Please register with Teresa.Rowe@leicester.ac.uk if you would like to attend.
The event will begin at 4:30pm, followed by a drinks reception. Doors will open at 4:15pm. The venue is on the 33th floor of Broadgate Tower, and security passes will need to be issued, so please allow around 10 minutes of time upon arrival.

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Aarhus Abortion Abu Qatada Abuse Access to justice adoption ALBA Allison Bailey Al Qaeda animal rights anonymity Article 1 Protocol 1 Article 2 article 3 Article 4 article 5 Article 6 Article 8 Article 9 article 10 Article 11 article 13 Article 14 Artificial Intelligence Asbestos assisted suicide asylum Australia autism benefits Bill of Rights biotechnology blogging Bloody Sunday brexit Bribery Catholicism Chagos Islanders Children children's rights China christianity citizenship civil liberties campaigners climate change clinical negligence Coercion common law confidentiality consent conservation constitution contempt of court Control orders Copyright coronavirus Coroners costs court of appeal Court of Protection crime Cybersecurity Damages data protection death penalty defamation deportation deprivation of liberty Detention diplomatic immunity disability disclosure Discrimination disease divorce DNA domestic violence duty of candour duty of care ECHR ECtHR Education election Employment Employment Law Employment Tribunal enforcement Environment Equality Act Ethiopia EU EU Charter of Fundamental Rights EU costs EU law European Court of Justice evidence extradition extraordinary rendition Family Fertility FGM Finance football foreign criminals foreign office France freedom of assembly Freedom of Expression freedom of information freedom of speech Gay marriage Gaza gender genetics Germany Google Grenfell Health high court HIV home office Housing HRLA human rights Human Rights Act human rights news Huntington's Disease immigration India Indonesia injunction Inquests international law internet Inuit Iran Iraq Ireland Islam Israel Italy IVF Japan Judaism judicial review jury trial JUSTICE Justice and Security Bill Law Pod UK legal aid legality Leveson Inquiry LGBTQ Rights liability Libel Liberty Libya Lithuania local authorities marriage Maya Forstater mental capacity Mental Health military Ministry of Justice modern slavery monitoring music Muslim nationality national security NHS Northern Ireland nuclear challenges Obituary ouster clauses parental rights parliamentary expenses scandal patents Pensions Personal Injury Piracy Plagiarism planning Poland Police Politics pollution press Prisoners Prisons privacy Professional Discipline Property proportionality Protection of Freedoms Bill Protest Public/Private public access public authorities public inquiries public law rehabilitation Reith Lectures Religion RightsInfo Right to assembly right to die right to family life Right to Privacy right to swim riots Roma Romania Round Up Royals Russia Saudi Arabia Scotland secrecy secret justice sexual offence sexual orientation Sikhism Smoking social media South Africa Spain special advocates Sports Standing statelessness stop and search Strasbourg Supreme Court Supreme Court of Canada surrogacy surveillance Syria Tax technology Terrorism tort Torture travel treaty TTIP Turkey UK Ukraine UK Supreme Court unduly harsh united nations USA US Supreme Court vicarious liability Wales War Crimes Wars Welfare Western Sahara Whistleblowing Wikileaks wind farms WomenInLaw YearInReview Zimbabwe
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