Round Up
9 January 2024 by Hal McNulty
In the news
The Post Office is being investigated by the Metropolitan Police for potential fraud offences committed in what has been termed the Horizon IT Scandal. This investigation builds on a pre-existing one into potential offences of perjury and perverting the course of justice in relation to prosecutions carried out by the Post Office. Between 1999 and 2015 hundreds of sub-postmasters were prosecuted by the Post Office for alleged theft, fraud, and false accounting, despite evidence having come to light in 2010 that the Post Office’s Fujitsu accounting systems were faulty. The prosecutions resulted in over 700 sub-postmasters being handed criminal convictions as well as being forced to pay back apparent shortfalls. A 2019 high court case overturned some of these convictions and led to partial victim compensation but the Post Office continues to oppose appeals. In the wake of a new ITV drama concerning the scandal, 50 new potential victims have come forward. Rishi Sunak has signalled that the government is taking steps to exonerate victims of the faulty technology.
Other nations have come under pressure to support South Africa’s case against Israel at the ICJ, which accuses the wartime state of committing genocide against Palestinians. The application stated that Israel’s recent actions have violated the 1948 Genocide Convention “because they are intended bring about the destruction of a substantial part of the Palestinian national, racial and ethnical group”. The White House has criticised South Africa’s accusation as “meritless … counterproductive and completely without any basis in fact whatsoever.”
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6 January 2024 by Grace Storrie
In the News
The Irish government has announced it will challenge the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 in the European Court of Human Rights. The Act, which came into force in September 2023, was created to address the ‘legacy of the Northern Ireland Troubles’. The legislation has been controversial because it allows individuals accused of Troubles-related offences to be granted immunity in return for cooperation with the newly-formed Independent Commission for Reconciliation and Information Recovery (ICRIR). The Act is already facing a number of legal challenges in the Belfast High Court. In this latest challenge, the Irish government will ask Strasbourg whether the Act is compatible with the UK’s obligations under the European Convention on Human Rights.
Meanwhile, in France, new legislation has been passed which significantly toughens French immigration rules. The bill went through several iterations, with the final version including much harsher provisions than originally proposed. It includes measures for reducing access to social security benefits for immigrants, migrant quotas, and toughened rules for family members of migrants. The bill has been criticised by Human Rights Watch for putting ‘the rights of foreigners at risk.’
In the US, Donald Trump has been disqualified from running as a presidential candidate in Colorado and Maine. The Colorado Supreme Court was the first state to rule that Donald Trump should not be allowed to run for president because of Section 3 of the 14th Amendment, which disqualifies people who engage in ‘insurrection or rebellion’ from holding any office. The Colorado ruling has been appealed, and the Supreme Court is expected to decide whether to intervene on the issue early this year.
In other news
Before the Christmas break, the Court of Appeal ruled that the government’s approval of the planned Sizewell C nuclear plant in Suffolk was lawful. The legal challenge was brought by Together Against Sizewell C (TASC), who argued the government had failed to consider the need for a water supply when it approved the nuclear plant in Suffolk. The Court of Appeal disagreed, holding it was logical for the government to consider the issue of water supply separately from the plant itself. The protest group has said it would continue to fight against the development.
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27 November 2023 by Grace Storrie
In the news
Fighting in Gaza paused this weekend, as Hamas and Israel agreed to a temporary, four-day reprieve. Twenty-six hostages have been released by Hamas and 39 Palestinian detainees held in pre-trial detention have been allowed to return to the West Bank. Under the terms of the agreement negotiated by Qatar, a total of 50 Israeli hostages and 150 Palestinian detainees are meant to be exchanged between the parties. The temporary pause in fighting has also allowed much-needed humanitarian assistance and fuel to reach the Gaza strip.
The Covid-19 Inquiry heard evidence this week from Sir Patrick Vallance (former Government Chief Scientific Adviser), Professor Sir Chris Whitty (Chief Medical Officer for England) and Professor Sir Jonathan Van-Tam (former Deputy Chief Medical Officer for England). In his statement, Sir Patrick Vallance said the Government’s scientific advisers were not consulted on Rishi Sunak’s Eat Out to Help Out scheme and ‘didn’t see it before it was announced.’ This undermines written comments made by Rishi Sunak to the Inquiry, where he said that no one raised concerns with him about the policy. Meanwhile, Sir Chris Whitty said in March 2020, ministers mistakenly understood ‘herd immunity’ to be a government policy objective, and he tried to stop the idea from being discussed publicly because herd immunity would have been ‘inconceivable.’ The inquiry will hear further evidence this coming week.
Meanwhile, Ian Fry, the UN’s Special Rapporteur on the promotion and protection of human rights in the context of climate change, has recently condemned the jail sentences for two Just Stop Oil protesters who scaled a bridge on the Dartford Crossing last October. The activists were given two and three year prison sentences for causing a public nuisance, and were refused permission to appeal to the Supreme Court on the basis that their sentences met the ‘legitimate aim’ of deterring others from similar offending. Ian Fry raised concerns about the length of the activist’s sentences, and the political flow-on effect the sentences could have on activists expressing concerns about the environmental crisis ‘and the impacts of climate change on human rights and on future generations’. Fry said the new Public Order Act was a ‘direct attack on the right to the freedom of peaceful assembly.’ There has not been any response from the Government.
In other news
The Information Commissioner’s Office (ICO) said this week that some companies are not giving users ‘fair choice’ about the use of cookies. Cookies are small files that store on your computer and collect analytical data about website usage. They are often used to personalise ads based on a user’s browsing history. The law regulating the use of cookies (the Privacy and Electronic Communications Regulations) will be altered by the proposed Data Protection and Digital Information Bill, which is due its third reading in the House of Commons on 29 November 2023. Under the proposed reforms, some information – for improving website service or security – will be collected without consent, resulting in fewer ‘pop-ups’ requesting the user consent to cookies. The ICO has not yet named the companies it thinks are falling short of current guidance, but will provide an update in January.
Meanwhile, the National Women’s Prisons Health and Social Care Review was published this week. Established in 2021, the Review is intended to improve health and social care outcomes for women in prison and upon their release. Conducting a review of the 12 women’s prisons in England, the Review found healthcare across women’s prisons to be ‘inconsistent’ and not always ‘gender specific’ or sensitive to women with protected characteristics. It suggests ‘fabric improvements’ across the women’s estate should be made.
Finally, the independent review into Lancashire Police’s handling of Nicola Bulley’s death was also released this week. Bulley went missing in January, and was found three weeks after her disappearance in the River Wyre. Amongst other findings, the report says Lancashire Police should have been better prepared to communicate sensitive medical information about Bulley in a more ‘carefully constructed manner’.
In the Courts
The “Bille and Ogale Group Litigation”. Mrs Justice May handed down the latest judgement in the ongoing litigation between communities and individuals of the Niger Delta, and the oil giant, Shell. The case concerns oil contamination affecting two regions of the Niger Delta – the Bille and Ogale regions. In her judgement, Mrs Justice May held the claimants could bring new causes of action under the African Charter and Nigerian Constitution, which recognise ‘as a fundamental right the right to a clean and healthy environment’. There is no limitation period for human rights claims brought under the Nigerian Constitutional framework. Mrs Justice May also refused the Defendant’s application to strike out the claims. The case continues.
In Independent Workers Union of Great Britain (“IWGB”) v Central Arbitration Committee (“CAC”) and another [2023] UKSC 43 the Supreme Court held that Deliveroo drivers are not in an employed relationship for the purposes of Article 11 ECHR (freedom of assembly and association). The case concerned Deliveroo riders in London who became members of the IWGB and sought formal recognition of the Union by Deliveroo for collective bargaining on behalf of Deliveroo drivers in Camden and Kentish Town. The Supreme Court stated that the right to form a trade union arises in the context of an employment relationship. Applying this to the facts of the case, the CAC rightly found there was no employment relationship between Deliveroo and its riders, as the riders can appoint a substitute to take their job, can work or not as convenient to them, and are not prevented from working for Deliveroo’s competitors. Thus, in this case, the riders are unable to rely on the trade union rights conferred by Article 11. The appeal was dismissed.
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6 November 2023 by Hal McNulty
In the news
As Israel’s ground invasion of Gaza begins, commentators and key global organisations are assessing whether international law is being broken by either side in the conflict. The UN said as early as 10th October that both Hamas and the Israeli military may have committed war crimes and that it is gathering evidence for potential prosecutions. Hamas’ terrorist attack of 7th October, which killed hundreds of noncombatants and abducted others for use as human shields and hostages, has already been labelled a crime under international humanitarian law. Meanwhile, Israel’s siege of Gaza, which includes shutting down food, water and electricity supplies and preventing humanitarian relief, may constitute the crime of collective punishment, according to the UN and the International Committee of the Red Cross. Karim Khan, the British barrister who currently acts as the ICC prosecutor, has said the ICC will pursue investigations into the 7th October attack as well as Israel’s activities in Gaza and the West Bank.
Donald Trump’s sons have taken the stand in their father’s fraud trial in New York. This case concerns the Trump family’s property business, and the prosecution hold that members of the family including Eric and Donald Trump Jr falsely inflated its finances and falsified records. Both sons of the property magnate denied wrongdoing and instead suggested an accountancy firm were to blame, with Trump Jr remarking in testimony that ‘I leave it to my accountants.’ Eric Trump was confronted with email evidence that, despite his assertions, he was in fact closely involved with the construction of the company’s financial statements. The prosecution are seeking a fine of $250m and a ban on Donald Trump and his adult sons doing business in the state.
The Isle of Man Parliament has progressed an assisted-dying legalisation bill. The private members bill was brought by Alex Allinson MHK (Member of the House of Keys), who labelled the proposal a move towards “compassion, choice, and autonomy,” while other MHKs spoke against the bill on the grounds that safeguards against coercion would be difficult to put in place. The bill has it that those eligible would have to conform to several criteria: terminally-ill, over the age of 18, resident on the Isle of Man for at least 12 months, and to have the legal capacity of make the decision and a “clear and settled intention to end their life.” Rob Callister MHK raised the concern that the island become a “death tourism” hotspot, should the bill be passed with its current residency minimum. The campaign group Dignity in Dying has called for the central government in Westminster to follow suit, the Royal College of Surgeons having recently withdrawn its opposition to the proposal.
In other news
The chair of the Bar Council has proposed a solution to the over-use of Strategic Litigation Against Public Participation (SLAPP). SLAPPs typically involve a powerful individual or organisation targeting financially-weaker journalists or publishers with the threat of bringing onerous legal actions. They have been the subject of much public criticism lately, and are described as undermining the democratic principles of free speech and the rule of law. Nick Vineall KC has suggested that those who cynically pursue claims in order to shut down legitimate criticism and public debate should be liable in damages for acting contrary to the public interest. “The public interest is damaged by not having access to information which should never have been restrained, while the reputation of the claimant is unjustifiably protected for a period because something which ought to have been said about them is not said for a period of time, and sometimes of course forever.” Speaking at the IBA conference in Paris, Vineall made a comparison to the practice of applicants for injunctions accepting an undertaking to pay damages in case their claim turns out to be unjustified and the injunction causes harm to the defendant. Listen to our interview with Greg Callus on the subject of SLAPPs on Law Pod UK here.
A leading thinktank has warned that Britain’s public services are stuck in a “doom loop” of recurrent crises as a result of government’s short-term planning. The Institute for Government said that, due to prioritising short-term goals over long-term solutions, underfunding public services, and reversing policy decisions within short periods of time, the British state is underperforming across a range of public services and organisations. “The result is crumbling schools, NHS computers that don’t turn on, and not enough prison cells to house prisoners.” The report cites the crown court backlog, standing in June at a record high of 64,709 cases, and concludes the prison system is “at bursting point” due to over-crowding and under-staffing.
The Scottish government has released a legislative proposal that would give ministers the power to assess and ‘remediate’ (repair or remove) buildings with unsafe cladding without owners’ consent and to evacuate the occupants of unsafe buildings. The Housing (Cladding Remediation) Bill creates a new offence for obstructing or failing to assist with assessment, and introduces the concept of a Scottish ‘responsible developers’ scheme, which would encourage developers to fund remediation work.
In the courts
In Scottish Association of Landlords v Lord Advocate [2023] CSOH 76, the Scottish Court of Session determined that the Cost of Living (Tenant Protection) (Scotland) Act 2022 did not disproportionately interfere with article 1 of the ECHR protocol 1, which states that ‘every natural or legal person is entitled to the peaceful enjoyment of his possessions.’ The court held that the Scottish government’s assessment of proportionality, in bringing a bill that caps rent and places a moratorium on evictions in private residential tenancies, did not proceed manifestly without reasonable foundation.
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25 October 2023 by Orry Moore
In the news
The conflict between Israel and Hamas has continued to escalate, with some 1,400 Israelis and over 5,000 Palestinians dead, over 15,000 people injured, and over 600,000 people displaced. No end to the conflict, nor a ceasefire, is in sight. Aid entering Gaza remains far below the level required for the population size, and one-third of Gazan hospitals and nearly two-thirds of primary health care clinics have had to shut due to damage or lack of fuel. International law is being disregarded, both in the atrocious attacks by Hamas on October 7 and the subsequent retaliation by Israel, leading a group of prominent Jewish lawyers to pen an open letter in the FT (paywall) calling for restraint and an adherence to the rule of law. However, “proportionality” as a rule of international law in warfare has to be closely scrutinised when it comes to self defence. See Joshua Rozenberg’s extract from the speech given in the House of Lords by Guglielmo Verdirame, a professor of international law at the King’s College London department of war studies. The law of armed conflict is a detailed and difficult area, and has not been properly attended to by media reports following the Hamas/Israel situation. Veridrame said, regarding proportionality,
“Israel has described its war aims as the destruction of Hamas’s capability. From a legal perspective, these war aims are consistent with proportionality in the law of self-defence, given what Hamas says and does and what Hamas has done and continues to do.”
The Home Secretary has met with the Met Commissioner after the Met chose not to intervene when protestors at a pro-Palestine rally chanted “jihad”. The Met said “jihad” had numerous meanings and it believed, after consultation with the Crown Prosecution Service (CPS), that no offence had been committed. No. 10 has pushed back at suggestions that more police powers are needed, citing existing powers as adequate. The Immigration Minister, however, told ITV that “Chanting ‘Jihad’ on the streets of London is completely reprehensible … It is inciting terrorist violence”. The Merriam-Webster definition of “jihad” can be found here.
Greta Thunberg has been charged with a public order offence after she was arrested while taking part in a protest against a conference in London described as “the Oscars of oil”. According to the Met, she was charged with “failing to comply with a condition imposed under section 14 of the Public Order Act”. Police had demanded protesters move from the road on to the pavement. She was one of 29 arrested during a protest trying to stop delegates entering the Energy Intelligence Forum at the InterContinental London Park Lane in Mayfair.
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9 October 2023 by Hal McNulty
In the news
The government’s Rwanda deportation scheme begins its battle in the Supreme Court today. Arguing the case for the appellants are In June, the Court of Appeal ruled the policy unlawful because of ‘deficiencies’ in Rwanda’s asylum-processing system. That court found that sending asylum-seekers to Rwanda entailed a ‘real risk’ of applicants being returned to their home countries, meaning the UK would break its commitment to not putting people at risk of torture under the European Convention on Human Rights.
Angus McCullough KC of 1 Crown Office Row is representing the United Nations High Commissioner for Refugees in this appeal. On the respondent (government) side, both of 1 Crown Office Row, are Neil Sheldon KC and Natasha Barnes (instructed by the Government Legal Department).
If the Supreme Court overturns this judgment, the Home Office will be able to schedule flights to Rwanda with just 12 days’ notice, unless the European Court intervenes again. The Illegal Migration Act, however, gives the Home Secretary a new power to ignore an interim order from the European Court.
At the Labour party conference, shadow ministers have announced that a Labour government would bring in significant reforms to the planning system. Keir Starmer has pledged to build 1.5m homes in the first five years of his government, introducing reforms such as increased powers of local authorities to hold property firms to account. Rachel Reeves has promised to speed up the planning process for infrastructure building.
The CPS has provided prosecutors with new guidance for ‘mercy killings.’ The term has not been defined by statute or common law and is not currently a defence to murder, but the guidance sets out the factors to consider when determining whether bringing a charge would be in public interest. These include whether the victim was under 18 years old, whether the suspect was motivated wholly by compassion, and whether the victim had clearly communicated their wish to die. The update is unlikely to radically alter the prosecution’s approach to such cases, but it articulates more clearly the reasons for and against bringing a charge where the public interest is in question.
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4 October 2023 by Grace Storrie
In the news
The Home Secretary, Suella Braverman, has been in the news for claiming that asylum seekers “purport” to be gay to “game the system” and receive preferential treatment in asylum applications. In a speech in Washington DC on Tuesday, the Home Secretary said that discrimination on the basis of sexuality or gender is not sufficient to qualify for international refugee protection. Braverman’s comments have been heavily criticised, and approximately twelve Conservative MPs complained to the Chief Whip this week, saying the Home Secretary’s remarks were offensive, divisive, and inaccurate. According to the BBC, sexual orientation only formed the basis of 1.5% of asylum claims made in the UK last year. Equally, many continue to face persecution as a result of their sexuality; consensual same-sex acts are illegal in a number of countries and, in some cases, are punishable by death.
Meanwhile, the Attorney General issued a notice to the media this week, warning editors not to put themselves at risk of being in contempt of court by ‘publishing any material’ which might ‘prejudice any potential criminal investigation’ into the allegations against Russel Brand. Editors, publishers, and social media users were advised to comply with obligations under the Contempt of Court Act 1981. Commentators have criticised the Attorney General’s warning for possibly misapplying the law on contempt; publishers can be found unintentionally to be in contempt of court, but only where there are active criminal proceedings (which there are not in Brand’s case). Alternatively, the Attorney General might have been warning against falling foul of the old common law rules on contempt, where no active case is required. Regardless, many have questioned whether reporting by the media – who in this instance were responsible for breaking the allegations against Brand and prompting a criminal investigation – would make any future trial unfair.
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11 September 2023 by Hal McNulty
In the news
Questions have been raised over the state of the British prisons system after the escape of Daniel Khalife. The 21 year-old former soldier who had been convicted for terrorist offences escaped from Wandsworth prison by hiding under a food delivery lorry, reportedly, but was later recaptured by police on a Chiswick towpath. Justice Secretary Alex Chalk has signalled that investigations are being made into the prison’s conditions. Inquiries may be made into the reason for Khalife being held in Wandsworth, a category B-security prison, rather than the high-security prison Belmarsh, where serious terrorist suspects are ordinarily kept. The incident has been used by some to demonstrate that the system has now reached breaking point, with overcrowding and understaffing enabling such incidents.
Google is facing a multi-billion pound lawsuit brought on behalf of UK consumers on claims that its search-engine stifled competition, causing prices to rise. The claim is that Google restricted competition by raising the prices for advertisers, making use of its market dominance. These costs are ultimately passed onto the consumers and are estimated at £7.3bn, at least £100 per member of the 65-million-person class of UK users over the age of 16. Google has commented that it will “vigorously dispute” this “speculative and opportunistic” suit.
In other news
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8 September 2023 by Grace Storrie
In the news
This week, the Ministry of Justice has proposed new laws which would allow judges to force defendants to attend sentencing hearings. Judges can already issue an order requiring a defendant to attend court, and failing to comply can result in a prosecution under the Contempt of Court Act. The Ministry of Justice says, however, that these powers are rarely used by judges. The proposed reforms will allow custody officers to use “reasonable force” to make defendants appear in court. The reforms would also allow judges to extend a defendant’s sentence by two years if they refuse to comply. The new measures were prompted by a number of defendants convicted of murder refusing to attend sentencing hearings, including Lucy Letby who was given a life sentence for the murder of 7 babies and attempted murder of 6 others. While the victims’ families have welcomed the reforms, others have expressed concern that the policy will overburden the court system and place prison staff in unnecessarily dangerous situations.
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28 August 2023 by Orry Moore
In the news
The Fire Brigades Union has sent a pre-action protocol letter to the Home Secretary threatening judicial review of her alleged failure to address “serious fire and operational safety concerns” aboard the Bibby Stockholm. The FBU claims that the Home Office has failed to arrange fire drills for asylum seekers or adequate risk assessments of the barge, despite more than doubling the number of planned occupants by using single rooms for double occupancy and creating rooms for four or six persons to sleep in. This, they say, creates “an apparently entirely new, and highly dangerous accommodation arrangement” which is “inherently unsafe”. The planned judicial review follows the Home Office’s refusal to meet officials to discuss fire safety concerns, which Robert Jenrick – the Immigration Minister – justified on the basis that the barge meets industry standards and that appropriate bodies, such as the National Fire Chiefs Council, have been consulted.
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14 August 2023 by Hal McNulty
In the news
One of the candidates running in Ecuador’s upcoming presidential election has been assassinated. Fernando Villavicencio was shot dead at a campaign rally in Quito. His election platform addressed the issues of corruption and government links to organised crime. There is speculation that the powerful Los Lobos gang is behind the killing. This follows the news two weeks ago of the fatal shooting of Agustín Intriago, a popular city mayor. Formerly hailed as one of the safest countries in South America, Ecuador has been overrun in recent years by organised crime and international drug cartels, while democratic rights of protest have been rolled back by the political establishment.
British water companies are facing lawsuits valued at £800 million for failing to report pollution. Class actions claims are being brought against six water companies on behalf of the public. The claimants allege that the companies’ failure to report the discharge of raw sewage into the supply is a breach of competition law and should have lowered the consumer price. Carolyn Roberts, the environmental and water consultant bringing the claims at the competition tribunal, contends that customers have been overcharged as a result of the water companies abusing their power as privatised monopolies.
A group of asylum seekers which refused to board the Bibby Stockholm barge was warned on Monday that government support would be withdrawn if they did not move onto the accommodation. The Justice Secretary, Alex Chalk, commented that the illegality of the proposal was “something that the courts would have to consider” but that it was “unlikely” to be illegal, also remarking that the asylum accommodation was “sparse and […] a bit austere but, frankly, that is not unreasonable.” The charity Care4Calais have criticised the scheme as likely to cause vulnerable people emotional distress. On Thursday, however, all migrants were removed from the vessel after it was discovered that Legionella bacteria had entered the water supply.
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7 August 2023 by Grace Storrie
In the news
Alexei Navalny – a vocal critic of Putin’s government and prominent opposition figure in Russia – has been sentenced to a further 19 years in prison. Navalny is already serving an 11-year sentence for various charges. The hearing for this most recent conviction was held behind closed doors, at a penal colony in Nelekhovo (to the east of Moscow). The opposition leader was found guilty on six counts, including a charge for inciting and financing extremism. As part of this most recent conviction, Navalny will be moved to a “special regime colony”, where his access to visitors (including family members and his legal team) will be reduced. Volker Türk, the United Nations High Commissioner for Human Rights, called for Navalny’s release and denounced the “repressive crackdown on freedom of expression and political opposition in Russia”.
In a similar piece of news, the UK Government imposed sanctions on 6 individuals in connection with the conviction of Vladimir Kara-Murza, a prominent critic of Russia’s war in Ukraine. Mr Kara-Murza is a dual Russian and British national, who was sentenced earlier this year to 25 years in a penal colony for treason and spreading “knowingly false information” about the Russian armed forces. Mr Kara-Murza’s appeal was dismissed this week, prompting the UK Government to initiate fresh sanctions against the three judges, two prosecutors and “expert witness” involved in Kara-Murza’s appeal. The UK Government says the conviction is “politically motivated targeting” and Mr Kara-Murza is being persecuted for his anti-war stance. The sanctions include asset freezes and travel bans against the individuals concerned.
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17 July 2023 by Hal McNulty
In the News
Concluding five days of speculation, Huw Edwards was named on Wednesday as the BBC figure at the centre of the Sun’s allegations of sexual impropriety. The newspaper claimed the presenter had paid a young person for ‘sordid images,’ suggesting a criminal offence may have taken place if the teenager had been under 18 when the arrangement was made. Edward’s wife, Vicky Flind, has stated that her husband has been placed in hospital, the allegations having provoked a mental health crisis. The young person’s lawyer has denied the Sun’s story, stating that ‘nothing unlawful’ had occurred. The police have indicated no criminal charge will be pursued, undermining the media’s public-interest prerogative to publish the allegations. The Sun has now stated that it never intended to allege criminality, but legal commentators have suggested Edwards may be able to pursue claims for libel action and breach of privacy. A barrier to such actions is that Edwards’ identity was neither stated outright nor reasonably inferable from the initial publications, only being revealed later by his wife.
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10 July 2023 by Grace Storrie
In the news
On Thursday, the High Court dismissed a claim for judicial review brought by the Cabinet Office, regarding a notice issued by the Chair of the COVID-19 Inquiry which requested the disclosure of correspondence between former Prime Minister Boris Johnson and his senior advisers. The Cabinet Office argued the Inquiry Chair’s notice was unlawful because it required the disclosure of significant quantities of ‘unambiguously irrelevant’ material. It argued it should be allowed to redact obviously irrelevant detail from the documents, including from Mr Johnson’s WhatsApp messages. The Chair of the Inquiry, Baroness Hallett, maintained that s. 21 of the Inquiries Act 2005 empowered her to request and see unredacted materials which could be relevant to the investigation. The High Court agreed. It held that the disclosure of some irrelevant documents did not render the request for information unlawful. An enquiry of this nature must be able to ‘fish’ for documents; to make informed ‘but speculative requests for documents relevant to lines of inquiry, or documents which lead to new lines of inquiry’. The government has said it will not appeal the decision.
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26 June 2023 by Orry Moore
In the news
Further details of the sinking of a Greek fishing boat carrying up to 800 people – including up to 100 children – have come out, placing the Greek authorities under intense scrutiny. The tragedy, which occurred on Wednesday 14th June, has seen the confirmed deaths of at least 78 people and only 104 confirmed survivors – with no women or children surviving. The Greek authorities have so far claimed that the boat had no issues navigating until close to the time when it began to sink and that the people onboard had refused help from the Greek coastguard. However, marine tracking evidence obtained by the BBC suggests that the overcrowded fishing vessel was not moving for at least seven hours before it capsized. This has raised questions over the actions of the Greek coastguard, prompting the UN to call for an investigation into Greece’s handling of the situation amid claims more action should have been taken earlier to initiate a full-scale rescue attempt. Up to 500 people are still unaccounted for. In slightly more positive news, nine of the people traffickers involved in the disaster have been apprehended by Greek police and pled not guilty in a Kalamata court to trafficking charges.
The Italian prosecutor for Padua, Valeria Sanzari, has demanded the cancellation of 33 birth certificates of children born to lesbian couples dating back to 2017, saying the name of the non-biological mother should be removed. The mother whose name is eliminated will no longer be able to fulfil a series of tasks, including picking up her child from school without the written permission of her partner. If the legally recognised parent dies, the children could be taken from the family home and become a ward of the state. This comes against the backdrop of the election of Meloni’s right-wing government and a debate in Italy’s lower house on a new law that would make it a crime, punishable by up to two years in jail, for couples who go abroad to have a surrogate baby, even in places where it is legal. Critics of the move, such as Italian parliamentarian Alessandro Zan, have called the proposal “cruel [and] inhumane”, saying it will result in children being “orphaned by decree”.
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