Law and Rights
Here is a miscellany of items of general legal interest.
Marriage: Perhaps THE major development is the enactment of the Marriage (Same Sex Couples) Act 2013 - (PARLIAMENT). Analysis of this will follow in a separate post. Most of the Act remains to be brought into force by means of Commencement Orders.
Legal Aid: The Justice Committee has decided to issue a report on Transforming Legal Aid. This follows the committee?s two recent oral evidence sessions ? one with representatives of the professional bodies and one with the Lord Chancellor. The Transforming Legal Aid proposals have attracted what appears to be almost universal condemnation and so it will be of major interest to see the views of the committee.
The Joint Committee on Human Rights has asked for evidence to be submitted regarding the government's legal aid proposals - (HERE). Written evidence is requested by 27th September and hearings will take place in October. The committee has requested that the government do not proceed with changes until the committee has reported.
PRISM: The Chairman of the Intelligence and Security Committee of Parliament, the Rt Hon Sir Malcolm Rifkind MP, has issued a statement regarding GCHQ?s alleged interception of communications under the US PRISM Programme. 'It has been alleged that GCHQ circumvented UK law by using the NSA?s PRISM programme to access the content of private communications. From the evidence we have seen, we have concluded that this is unfounded.'
Arms: The UK's enormous trade in arms has been the subject of a report by the Committee on Arms Export Controls. For the first time, the Committee's Report details for each of the Foreign and Commonwealth Office?s 27 named Countries of Human Rights concern the number of extant strategic export licences for each country, their value (where provided by the Government) and the nature of the strategic exports that have been approved. Interestingly, the report comes soon after the UK signed the United Nations Arms Trade Treaty - (AMNESTY).
Law in Focus: On Youtube, Nicola Padfield (Reader in Criminal and Penal Justice, Cambridge University) may be seen talking about the decision of the European Court of Human Rights in Vinter and others v UK (Whole Life Sentences and Review) and also the Supreme Court decision in R (Sturnham) v Parole Board [2013] UKSC 47 - HERE. This is part of a number of similar items prepared by Cambridge University under the heading Law in Focus.
Terrorism: A report on Terrorism legislation has been issued by the Independent Reviewer (David Anderson QC) - HERE
- Investigative Powers ~ An Important Report
Updated The Independent Reviewer of Terrorism Legislation fulfills a vital role in the scrutiny of powers given to the executive and law enforcement agencies. In 2014, the Data Retention and Investigatory Powers Act (DRIP) was hurriedly enacted in just...
- Prism / Upstream ~ Decision Of The Investigatory Powers Tribunal
The Investigatory Powers Tribunal (IPT) was created by Part IV of the Regulation of Investigatory Powers Act 2000 (RIPA). It lies outside the general tribunal structure and is linked to the Home Office though it has an eminent membership including...
- Lord Chancellor - A Heap Of Anomalies - Part 2
The ancient role of Lord Chancellor - (full title is Lord High Chancellor of Great Britain ) - was the subject of a blogpost of 8th June - Lord Chancellor - a heap of anomalies. It has now been announced that House of Lords Constitution Committee...
- Tuesday Roundup ~ Access To Justice; Judicial Review; Military Justice; Apologies And Pardons'; Jurors And The Internet
Access to justice continues to be under attack from the coalition government. It appears that their latest gambit concerns 'standing' to bring judicial review. The Transforming Legal Aid proposals were issued earlier this year and,...
- Report On Secret Hearings And A Communications Snooper's Charter
The government's "Justice and Security" Green Paper has come in for serious criticism by the Joint Human Rights Committee - see their report. The Committee concludes that the Government has failed to make the case for extending "closed material...
Law and Rights
Roundup Thursday 18th July
Marriage: Perhaps THE major development is the enactment of the Marriage (Same Sex Couples) Act 2013 - (PARLIAMENT). Analysis of this will follow in a separate post. Most of the Act remains to be brought into force by means of Commencement Orders.
Legal Aid: The Justice Committee has decided to issue a report on Transforming Legal Aid. This follows the committee?s two recent oral evidence sessions ? one with representatives of the professional bodies and one with the Lord Chancellor. The Transforming Legal Aid proposals have attracted what appears to be almost universal condemnation and so it will be of major interest to see the views of the committee.
The Joint Committee on Human Rights has asked for evidence to be submitted regarding the government's legal aid proposals - (HERE). Written evidence is requested by 27th September and hearings will take place in October. The committee has requested that the government do not proceed with changes until the committee has reported.
PRISM: The Chairman of the Intelligence and Security Committee of Parliament, the Rt Hon Sir Malcolm Rifkind MP, has issued a statement regarding GCHQ?s alleged interception of communications under the US PRISM Programme. 'It has been alleged that GCHQ circumvented UK law by using the NSA?s PRISM programme to access the content of private communications. From the evidence we have seen, we have concluded that this is unfounded.'
'Although we have concluded that GCHQ has not circumvented or attempted to circumvent UK law, it is proper to consider further whether the current statutory framework governing access to private communications remains adequate,'
Arms: The UK's enormous trade in arms has been the subject of a report by the Committee on Arms Export Controls. For the first time, the Committee's Report details for each of the Foreign and Commonwealth Office?s 27 named Countries of Human Rights concern the number of extant strategic export licences for each country, their value (where provided by the Government) and the nature of the strategic exports that have been approved. Interestingly, the report comes soon after the UK signed the United Nations Arms Trade Treaty - (AMNESTY).
Law in Focus: On Youtube, Nicola Padfield (Reader in Criminal and Penal Justice, Cambridge University) may be seen talking about the decision of the European Court of Human Rights in Vinter and others v UK (Whole Life Sentences and Review) and also the Supreme Court decision in R (Sturnham) v Parole Board [2013] UKSC 47 - HERE. This is part of a number of similar items prepared by Cambridge University under the heading Law in Focus.
Terrorism: A report on Terrorism legislation has been issued by the Independent Reviewer (David Anderson QC) - HERE
- Investigative Powers ~ An Important Report
Updated The Independent Reviewer of Terrorism Legislation fulfills a vital role in the scrutiny of powers given to the executive and law enforcement agencies. In 2014, the Data Retention and Investigatory Powers Act (DRIP) was hurriedly enacted in just...
- Prism / Upstream ~ Decision Of The Investigatory Powers Tribunal
The Investigatory Powers Tribunal (IPT) was created by Part IV of the Regulation of Investigatory Powers Act 2000 (RIPA). It lies outside the general tribunal structure and is linked to the Home Office though it has an eminent membership including...
- Lord Chancellor - A Heap Of Anomalies - Part 2
The ancient role of Lord Chancellor - (full title is Lord High Chancellor of Great Britain ) - was the subject of a blogpost of 8th June - Lord Chancellor - a heap of anomalies. It has now been announced that House of Lords Constitution Committee...
- Tuesday Roundup ~ Access To Justice; Judicial Review; Military Justice; Apologies And Pardons'; Jurors And The Internet
Access to justice continues to be under attack from the coalition government. It appears that their latest gambit concerns 'standing' to bring judicial review. The Transforming Legal Aid proposals were issued earlier this year and,...
- Report On Secret Hearings And A Communications Snooper's Charter
The government's "Justice and Security" Green Paper has come in for serious criticism by the Joint Human Rights Committee - see their report. The Committee concludes that the Government has failed to make the case for extending "closed material...