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Criticisms remain as dust settles on secret trials bill

5 June 2012 by Adam Wagner

Updated | In stark contrast to the pageantry surrounding the Royal Jubilee, here is a somewhat sombre update on the Justice and Security Bill, which was published on 28 May 2012 and is currently receiving its second reading in the House of Lords. The Bill aims to introduce Close Material Procedures, that is secret hearings, into civil trials.

Three key documents were published shortly after the Bill, presenting the Government’s case in response to the forceful criticism which the initial proposals generated. First is the Government’s response to the Joint Committee on Human Rights’ scathing report on the proposals. Secondly, the Government’s response to the 90 submissions received in response to the Justice and Security Green Paper consultation. Thirdly, a summary of European Convention on Human Rights issues relating to the Bill, also published by the Government.

Justice and Security Bill: The “Secret Courts” Endgame? – Angela Patrick

26 March 2013 by Guest Contributor

Today we will see the beginning of the end of the passage of the Justice and Security Bill through Parliament: the process commonly known as parliamentary “ping-pong”.

The notion of a Bill being swatted back and forth across the Palace of Westminster is at its most accurate in the case of controversial legislation such as the “secret courts” Bill (see previous discussions of these controversies).

With allegations that ministers may have misled parliamentarians on the scope of their prized Bill, the picture of political game-playing might be apt. However, this is the last chance for parliament to consider the government’s case for the expansion of “closed material procedures” (CMP), where a party to proceedings and his lawyers (together with the public and the press) are excluded – and his interests represented by a publicly appointed security vetted lawyer, known as a Special Advocate. An analogy more serious than Boris’ “wiff-waff” might be needed for tonight’s debate. Some commentators have suggested the Lords will play “ping-pong with grenades”.

Abu Qatada, Facebook at work and prisoner votes – The Human Rights Roundup

19 November 2012 by Daniel Isenberg

This is the first post by the blog’s new rounder-uppper Daniel Isenberg, who joins Sam Murrant. Welcome, Daniel!

Welcome back to the UK Human Rights Roundup, your weekly bulletin of human rights news. The full list of links can be found here. You can also find our table of human rights cases here and previous roundups here.

This week’s human rights news was dominated by the man who has become the Home Secretary’s bête noire, Abu Qatada. Elsewhere the UK’s relationship with the Strasbourg Court was addressed by Jack Straw and the Court’s recently-retired President, whilst the Court, itself, criticised the UK’s policy on criminal records data retention. Meanwhile, in speeches two Court of Appeal judges have made expressed views on human rights and the principle of proportionality.

Secret Courts remixed: any better than the original? – Angela Patrick

26 November 2012 by Guest Contributor

This coming Wednesday sees the end of the first stage of the Justice and Security Bill’s passage into law. The Bill which would introduce Closed Material Procedures (CMP) – where one side of a case is excluded with his legal team and represented by a security cleared special advocate in cases involving national security – has become widely known as the Secret Courts Bill. Its progress has been closely scrutinised in this blog over the past six months.

As it completes Third Reading and passes to the House of Commons, we reflect on last week’s Lords amendments to the Bill. While there are still issues ripe for discussion at Third Reading, it is broadly accepted that the key Lords votes have passed.

Justice cuts to be 50% more than first thought

19 October 2010 by Adam Wagner

Updated x 2 – full details of review below | The much-heralded Ministry of Justice budget cuts will be announced shortly as part of the government spending review. Previously, it had been reported that the department’s budget would be cut by around 20%, or £2bn (see our post). However, over the weekend the Observer reported that the cut would be much larger, running to £3bn – around 30% of the total budget – which represents a 50% increase on the original figure.

The justice minister Ken Clarke is believed to have had to take an extra hit “after the defence secretary, Liam Fox, and Michael Gove at education won more generous agreements than previously expected“.

BNP bus driver, legal aid bills and Abu Qatada – The Human Rights Roundup

11 November 2012 by Sam Murrant

Welcome back to the UK Human Rights Roundup, your weekly bulletin of human rights news. The full list of links can be found here. You can also find our table of human rights cases here and previous roundups here.

The Rahmatullah Supreme Court judgment remained in the spotlight this week, but had to share it with old faces such as Abu Hamza (whose case has managed to keep outraging the public despite his extradition to the US), the loudly ticking clock of prisoner voting and the attendant debate over whether the UK should replace the Human Rights Act with a “British” human rights statute. Meanwhile, the ruling on whether Abu Qatada can be deported to Jordan is coming tomorrow (Monday).

More secret trials? No thanks

31 January 2012 by Adam Wagner

A child learns early that if you don’t have anything nice to say, don’t say it. Thankfully that principle does not apply to Government consultations and this is aptly demonstrated by a group of responses to the consultation into whether “closed material” (secret evidence) procedures should be extended to civil trials.

Of the responses that I have read, there is very little support for the proposals as they stand and, as journalist Joshua Rozenberg has pointed out, the most damning criticism has come from the very lawyers who are currently involved in “closed” proceedings.

If you are interested in the issue, the Joint Committee on Human Rights is hearing evidence on it today from two special advocates, including my co-editor Angus McCullough QC (see his post on the topic), as well as the current and former independent reviewers of terrorism legislation. The session begins at 2:20pm and can be watched live here.

As I did with the Bill of Rights Commission consultation, I asked people to send me their consultation responses. What follows is a wholly unscientific summary of the ones I received:

Missiles, Neuberger’s triumph and a snooper’s charter – The Human Rights Roundup

16 July 2012 by Sam Murrant

Welcome back to the UK Human Rights Roundup, your weekly bulletin of human rights news. The full list of links can be found here. You can also find our table of human rights cases here and previous roundups here.

In the news

Lord Neuberger is to be our next Supreme Court President, replacing Lord Philips who is retiring and pipping rival candidates Lady Hale and Lord Mance. In other news, some interesting cases were decided this week, including the Catholic Church’s loss in a vicarious liability case in the Court of Appeal, and the residents of the Fred Wigg Tower lose their judicial review action challenging the decision to put a missile defence system atop the building for the Olympics. We also have more law reform updates, as the Commission for a Bill of Rights published its second consultation paper, the House of Lords debated the ever-controversial Justice and Security Bill, and a commentator provided an illuminating and worrying discussion of the “snooper’s charter”, the Draft Communications Bill.

Keeping it controversial: Religion, deportation and open justice – The Human Rights Roundup

20 February 2012 by Wessen Jazrawi

Welcome back to the human rights roundup, your recommended weekly dose of human rights news. The full list of links can be found here. You can also find our table of human rights cases here and previous roundups here.

In the news

Religion and the State

Following on from last week’s ruling from the High Court that Christian prayers held before a council meeting were unlawful, the Court of Appeal this week upheld a ruling that two Christian hotel owners had discriminated against gay clients by not offering them a double room.

In yet other news, the Education Secretary Michael Gove is embroiled in a row concerning the distribution in schools of a booklet containing homophobic material. In response to complaints, Gove has insisted that the education provisions of the Equality Act 2010 do not extend to the content of the curriculum. For an analysis of why Gove is incorrect on this score, see Adam Wagner’s post.

by Wessen Jazrawi

Right to die, asylum and extradition – The Human Rights Roundup

25 June 2012 by Wessen Jazrawi

Welcome back to the UK Human Rights Roundup, your weekly buffet of human rights news. The full list of links can be found here. You can also find our table of human rights cases here and previous roundups here.

The news this week has been dominated by issues relating to Article 8 and the right to die. First, we had Tony Nicklinson, a man suffering from locked-in syndrome, and then there was the case of E, a woman suffering from anorexia who was being looked after in a community hospital under a palliative care regime whose purpose was to allow her to die. In other news, just when you (or rather, I) thought the fat lady had sung for Julian Assange, there was another twist in the tale as he requested asylum at the Ecuadorian embassy.

by Wessen Jazrawi

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Stalking, Judicial Review threatened and Prisoner Voting (Again) – The Human Rights Roundup

25 November 2012 by Daniel Isenberg

Welcome back to the UK Human Rights Roundup, your weekly bulletin of human rights news. The full list of links can be found here. You can also find our table of human rights cases here and previous roundups here.

The government was on the defensive this week on a number of fronts. It suffered significant defeats in the House of Lords over its proposals for secret civil trials under the Justice and Security Bill. Prime Minister David Cameron has also received a barrage of criticism over his calls for tightening the criteria for judicial review applications. Meanwhile, the prisoner voting saga continues, with Justice Secretary Chris Grayling (on the eve of the deadline) giving Parliament (or, more accurately, a Parliamentary committee) three options on the issue. Meanwhile, a new criminal offence of stalking has been introduced.

by Daniel Isenberg

Abu Hamza, teachers’ anonymity and Chagos refugees – The Human Rights Roundup

1 October 2012 by Wessen Jazrawi

Welcome back to the UK Human Rights Roundup, your weekly bulletin of human rights news. The full list of links can be found here. You can also find our table of human rights cases here and previous roundups here.

In the news

The European Court of Human Rights has refused the request of Abu Hamza and four others to refer their extradition appeal to its Grand Chamber for another hearing, meaning that their routes of appeal have finally (probably) come to an end. In other news, the Chagos refugees have gone to court over a note to Baroness Amos concerning their resettlement and teachers have been granted anonymity when facing criminal charges.

by Wessen Jazrawi

Queen’s Speech, Abu Qatada and the NHS risk register – The Human Rights Roundup

13 May 2012 by Wessen Jazrawi

Welcome back to the UK Human Rights Roundup, your weekly bulletin of human rights news. The full list of links can be found here. You can also find our table of human rights cases here and previous roundups here.

This week saw the Queen’s Speech set out a number of legislative reforms, the veto of the release of the NHS risk register and the latest instalment in the Abu Qatada saga after the European Court of Human Rights declared his appeal was within time but nonetheless declined to hear it.

by Wessen Jazrawi

Shaping Strasbourg, gay marriage and free speech – The Human Rights Roundup

12 March 2012 by Sam Murrant

Welcome back to the UK Human Rights Roundup, your weekly summary of human rights news. The full list of links can be found here. You can also find our table of human rights cases here and previous roundups here.

In the news

It’s been another big week for human rights, with the draft Brighton Declaration again sparking insightful discussion from a range of sources. Also in the news, concerns seem to be rising over open justice, with secret evidence, the Justice and Security Green Paper and access to court materials all raising concerns in the media. To round off the week, there’s the CPS’s new guidance on prosecution for criminal offences committed during public protests, a roundup of important cases to look out for in the upcoming weeks, and the mandatory (for myself, anyway) update on the Abu Qatada saga.