Law and Rights
The Crown Prosecution Service (CPS) has announced that there is to be a prosecution for manslaughter in relation to the death of Mr Ian Tomlinson. P.C. Simon Harwood is to be charged. It is a matter of public record that the inquest jury returned a verdict of unlawful killing but a Coroner's court is not permitted to determine questions of criminal or civil liability. Since criminal proceedings are now active it is not permissible to comment further on the case - see the CPS statement relating to the prosecution.
The Commissioner for Victims and Witnesses - Louise Casey - has pointed out that families who have lost loved ones under terrible circumstances are facing costs of £37,000 on average as they struggle to pick up the pieces - see Ministry of Justice 11th May 2011.
Some time ago, Law and Lawyers
took an initial look at the Fixed Term Parliaments Bill. In the House of Lords, a very significant amendment to the Bill was secured. Clause 1 of the Bill now reads:
The effect of the new Clause 1(3) is that the fixed 5 year term will only apply to the present Parliament. After the next General Election it would be necessary for the new Parliament to pass a resolution before it could also have a fixed 5 year term. The Third Reading is in the Lords is today - 24th May. The Bill will then return to The Commons for consideration of Lords amendments. It remains to be seen whether Claus 1(3) survives this process.
Other Bills - what is happening?
The Public Bodies Bill has gone through the Lords and is now in the Commons. This related to what was termed "Bonfire of the Quangos" and which, as originally drafted, handed extensive Henry VIII powers to Ministers. See A Breathtaking Bill of which even Henry VIII would have been proud - and also the second post on the Bill. The European Union Bill - (see Law and Lawyers) - has passed through the Commons and is at Committee Stage in the Lords.
The Protection of Freedoms Bill - which Law and Lawyers looked at extensively - is still in The Commons with the date of Report Stage to be announced. Law and Lawyers - Protection of Freedoms Bill - No. 1 ... No.2 ... No. 3 ... No. 4 ... No. 5 ... No. 6 ... No. 7 and No. 8
A Terrorism Prevention and Investigation Bill has been introduced. See Law and Lawyers 26th January.
- A Constitutional Imbroglio ?
The question of what will happen in the event of a further "hung" Parliament continues to be asked. Writing in the Law Society Gazette 4th May, Joshua Rozenberg looks at the possibilities - A constitutional imbroglio. The article also...
- A Trilogy Of New Acts
Parliament: The Fixed Term Parliaments Act 2011 has arrived. The date of the next general election will be 7th May 2015. An earlier General Election cannot be called other than by application of section 2 (i.e. either the House of Commons...
- A Breathtaking Bill Of Which Even Henry Viii Would Have Been Proud - No. 2
On 5th November, Law and Lawyers looked at the Public Bodies Bill and the enormous powers - (so called Henry VIII clauses) - which it would hand to Ministers - see Law and Lawyers 5th November. The Bill is now receiving rather a hard time...
- A Breathtaking Bill Of Which Even Henry Viii Would Have Been Proud ...!
On 28th October, the government's Public Bodies Bill received its first reading in Parliament - actually it has been first introduced via the House of Lords. We all knew that, mainly for economic reasons, a "Bonfire of the Quangos" was being...
- Making The Law; Deciding What It Means And Bills Now Before Parliament
Within the U.K. sovereignty rests with "The Queen in Parliament" (Q in P). Thus, the Q in P is the supreme law making authority for the U.K. New laws start their lives as "bills" presented to parliament and the bills before parliament at the...
Law and Rights
The Ian Tomlinson case - a manslaughter prosecution: Victims Commissioner: Fixed Term Parliaments and other Bills
 |
| Politicians at G20 in 2009 |
The families of Victims of Crime:
The Commissioner for Victims and Witnesses - Louise Casey - has pointed out that families who have lost loved ones under terrible circumstances are facing costs of £37,000 on average as they struggle to pick up the pieces - see Ministry of Justice 11th May 2011.
Fixed term Parliaments:
Some time ago, Law and Lawyers
took an initial look at the Fixed Term Parliaments Bill. In the House of Lords, a very significant amendment to the Bill was secured. Clause 1 of the Bill now reads:
Polling days for parliamentary general elections
(1) This section applies for the purposes of the Timetable in rule 1 in Schedule 1 to
the Representation of the People Act 1983 and is subject to section 2.
the Representation of the People Act 1983 and is subject to section 2.
(2) The polling day for the next parliamentary general election after the passing of
this Act is to be 7 May 2015.
this Act is to be 7 May 2015.
(3) If, but only if, a resolution to this effect is approved by each House of the
Parliament in question, the polling day for a subsequent parliamentary general
election is to be the first Thursday in May in the fifth calendar year following
that in which the polling day for the previous parliamentary general election
Parliament in question, the polling day for a subsequent parliamentary general
election is to be the first Thursday in May in the fifth calendar year following
that in which the polling day for the previous parliamentary general election
fell.
The effect of the new Clause 1(3) is that the fixed 5 year term will only apply to the present Parliament. After the next General Election it would be necessary for the new Parliament to pass a resolution before it could also have a fixed 5 year term. The Third Reading is in the Lords is today - 24th May. The Bill will then return to The Commons for consideration of Lords amendments. It remains to be seen whether Claus 1(3) survives this process.
Other Bills - what is happening?
The Public Bodies Bill has gone through the Lords and is now in the Commons. This related to what was termed "Bonfire of the Quangos" and which, as originally drafted, handed extensive Henry VIII powers to Ministers. See A Breathtaking Bill of which even Henry VIII would have been proud - and also the second post on the Bill. The European Union Bill - (see Law and Lawyers) - has passed through the Commons and is at Committee Stage in the Lords.
The Protection of Freedoms Bill - which Law and Lawyers looked at extensively - is still in The Commons with the date of Report Stage to be announced. Law and Lawyers - Protection of Freedoms Bill - No. 1 ... No.2 ... No. 3 ... No. 4 ... No. 5 ... No. 6 ... No. 7 and No. 8
A Terrorism Prevention and Investigation Bill has been introduced. See Law and Lawyers 26th January.
- A Constitutional Imbroglio ?
The question of what will happen in the event of a further "hung" Parliament continues to be asked. Writing in the Law Society Gazette 4th May, Joshua Rozenberg looks at the possibilities - A constitutional imbroglio. The article also...
- A Trilogy Of New Acts
Parliament: The Fixed Term Parliaments Act 2011 has arrived. The date of the next general election will be 7th May 2015. An earlier General Election cannot be called other than by application of section 2 (i.e. either the House of Commons...
- A Breathtaking Bill Of Which Even Henry Viii Would Have Been Proud - No. 2
On 5th November, Law and Lawyers looked at the Public Bodies Bill and the enormous powers - (so called Henry VIII clauses) - which it would hand to Ministers - see Law and Lawyers 5th November. The Bill is now receiving rather a hard time...
- A Breathtaking Bill Of Which Even Henry Viii Would Have Been Proud ...!
On 28th October, the government's Public Bodies Bill received its first reading in Parliament - actually it has been first introduced via the House of Lords. We all knew that, mainly for economic reasons, a "Bonfire of the Quangos" was being...
- Making The Law; Deciding What It Means And Bills Now Before Parliament
Within the U.K. sovereignty rests with "The Queen in Parliament" (Q in P). Thus, the Q in P is the supreme law making authority for the U.K. New laws start their lives as "bills" presented to parliament and the bills before parliament at the...