Stephen Tierney and Alison L. Young: The House of Lords Constitution Committee Reports on the Illegal Migration Bill – UK Constitutional Law Association

‘The Constitution Committee has released its report on the Illegal Migration Bill 2022-23. The Committee raises a number of concerns, including its potential impact on the rule of law, human rights, devolution, delegated powers, and parliamentary scrutiny. We await the report of the Joint Committee on Human Rights which will most likely comment in more detail on the implications of the Bill for the United Kingdom’s international obligations.’

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UK Constitutional Law Association, 23rd May 2023

Source: ukconstitutionallaw.org

The UK Bill of Rights: Changes to Human Rights Protection may Impact Climate Litigation – Oxford Human Rights Hub

‘Across the world, human rights-based arguments are increasingly deployed in climate litigation against public bodies. However, in the UK, potential reforms to the Human Rights Act 1998 (HRA) – an Act which allows claimants in domestic courts to rely on the European Convention on Human Rights (ECHR) – could seriously impact the ability of these cases to succeed in the future.’

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Oxford Human Rights Hub, 22nd May 2023

Source: ohrh.law.ox.ac.uk

Law Commission calls for tighter rules on use of personal records in rape trials – The Guardian

‘Greater restrictions should be introduced on the use of rape complainants’ personal records and evidence relating to their sexual behaviour to avoid rape myths contaminating trials in England and Wales, a government-commissioned review has said.’

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The Guardian, 23rd May 2023

Source: www.theguardian.com

Tom Hickman KC and Gabriel Tan: Reversing Parliamentary Defeat by Delegated Legislation: The Case of the Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023 – UK Constitutional Law Association

‘In a report published on 11 May, the House of Lords Secondary Legislation Scrutiny Committee (“SLSC”) drew attention to a constitutional issue of considerable interest and novelty. The SLSC drew the attention of the House of Lords to draft regulations that, if they come into effect, will allow police in England and Wales to impose restrictions on protests and processions that cause “more than minor” hindrance to day-to-day activities for other people, including going to and fro on the highway (The Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023). The changes would also allow the police to take into account the cumulative effect of repeated protests. The changes amend sections 12 and 14 of the Public Order Act 1986 and effectively alter the meaning of the threshold criterion of causing “serious disruption to the life of the community” in respect of processions and assemblies by defining that term in a way that imposes a lower threshold than its ordinary words suggest.’

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UK Constitutional Law Association , 22nd May 2023

Source: ukconstitutionallaw.org

Renters (Reform) Bill – overview Part 2 – Nearly Legal

Posted May 19th, 2023 in animals, bills, housing, landlord & tenant, leases, news, rent by sally

‘Following on from yesterday (17 May) publication of the Renters (Reform) Bill and Part 1 of my overview of what the Bill does, onwards to the rest of it. Pets! There has been a lot of fuss about this, but as Tessa Shepperson has sagely observed, it doesn’t really make much of a change to existing law. The Bill adds an implied term that the tenant has a right to request to keep a pet and that the landlord cannot unreasonably refuse such a request. Where the landlord’s own lease forbids pets, or requires the superior landlord’s consent, the landlord is to request this. It is not unreasonable for a landlord to refuse permission if their superior landlord had refused consent, or if the landlord’s own lease forbids pets.’

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Nearly Legal , 18th May 2023

Source: nearlylegal.co.uk

Trolls who encourage serious self-harm to face jail – Ministry of Justice

‘Vile trolls who hide behind the anonymity of the internet to encourage others to cause themselves serious harm will face prosecution as part of an overhaul of online safety laws announced today (18 May 2023).’

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Ministry of Justice, 18th May 2023

Source: www.gov.uk

Tighter damp and mould regulations set to impact registered providers – Local Government Lawyer

‘Six months after the conclusion of the inquest into the tragic death of Awaab Ishak, Matthew Bown and Amy Cowap outline the various measures set to be implemented to ensure tighter regulation of registered providers of social housing, with a specific focus on damp and mould issues.’

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Local Government Lawyer, 17th May 2023

Source: www.localgovernmentlawyer.co.uk

Research Briefing: Digital Markets, Competition and Consumers Bill 2022-23: Consumer provisions – House of Commons Library

Posted May 19th, 2023 in bills, competition, consumer protection, news, parliament by sally

‘This briefing considers the consumer provisions of the Digital Markets, Competition and Consumers Bill [Bill 294, 2022-23]. Second reading of the Bill in the House of Commons is scheduled for 17 May 2023.’

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House of Commons Library , 17th May 2023

Source: commonslibrary.parliament.uk

Renters (Reform) Bill – the good, the potentially good and the ugly. Part 1 – Nearly Legal

Posted May 18th, 2023 in bills, housing, landlord & tenant, news, repossession by sally

‘It is finally here, a mere five years from first being promised. The Renters (Reform) Bill has started its parliamentary journey today (17 May). As it stands, it is the largest reform to tenancies in England since 1988 (Wales having done its own, even more significant, thing).’

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Nearly Legal, 17th May 2023

Source: nearlylegal.co.uk

Regulating Big Tech in the UK – Competition Bulletin

‘Following hot(ish) on the heels of the EU’s Digital Markets Act, the UK’s Digital Markets, Competition and Consumers Bill (“the Bill”) was published on 25 April 2023. It seeks to do three things: (1) to establish a new ex-ante regulatory regime for digital markets, conferring powers on the CMA, via its Digital Markets Unit, to impose conduct requirements and make “pro-competitive interventions” (“PCIs”) in relation to designated firms, and to impose hefty penalties for failure to comply; (2) to reform the existing competition law system, notably relating to merger controls, market inquiries and enforcement; and (3) to enhance consumer rights and enforcement. This post focusses on the first of these.’

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Competition Bulletin, 17th May 2023

Source: competitionbulletin.com

Air pollution transparency rules among EU laws to be scrapped by UK – The Guardian

‘Laws to ensure the government is transparent about how they plan to reduce harmful air pollution are among those to be scrapped in the EU retained law bill.’

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The Guardian, 16th May 2023

Source: www.theguardian.com

Brexit: Government suffers defeats over Retained EU Law Bill – BBC News

Posted May 16th, 2023 in bills, brexit, EC law, news, parliament, repeals by sally

‘The government has suffered defeats in the House of Lords over plans to scrap certain EU laws by the end of the year.’

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BBC News, 15th May 2023

Source: www.bbc.co.uk

Society warns on Finance Bill changes – Law Society’s Gazette

‘The Law Society today reminded private client solicitors that the Finance Bill is set to restrict charitable tax reliefs to UK charities only, with donations located in the EU and the European Economic Arena (EEA) no longer qualifying for UK charitable tax reliefs from April 2024. This will impact individuals who claim income tax or capital gains tax relief on donations to non-UK charities and those who expect inheritance tax exemption on lifetime gifts or on legacies to such organisations.’

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Law Society's Gazette, 15th May 2023

Source: www.lawgazette.co.uk

Navigating the Reservoir of Retained EU Law after Brexit – Law Pod UK

Posted May 16th, 2023 in bills, brexit, EC law, news, podcasts, repeals by sally

‘This week the UK Government announced an important change to its Retained EU Law Bill, which has been going through Parliament. Now 600 EU-era laws are set be repealed by the end of 2023 – fewer than the whole “reservoir” of 1000+ initially targeted.’

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Law Pod UK, 12th May 2023

Source: audioboom.com

Sex abuse victims ‘must get specialist support’ – BBC News

‘Encouraging abuse victims to come forward without a specialist support system in place is “totally irresponsible”, campaigners have said.’

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BBC News, 15th May 2023

Source: www.bbc.co.uk

Sweeping UK ‘sunset’ of retained EU law by end of 2023 dropped – OUT-LAW.com

Posted May 12th, 2023 in bills, brexit, EC law, government departments, news by sally

‘UK legislation derived from the EU that was retained on the UK statute book at the point of Brexit will no longer be revoked en masse at the end of this year, the UK government has announced.’

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OUT-LAW.com, 10th May 2023

Source: www.pinsentmasons.com

A ‘watershed moment’ for the digital sector – the Digital Markets, Competition and Consumers Bill – Mills & Reeve

Posted May 11th, 2023 in bills, competition, consumer protection, electronic commerce, news by sally

‘This briefing is part of a series that will take a closer look at the government’s draft Digital Markets, Competition and Consumers Bill (the “Bill”) which was introduced into Parliament on 25 April 2023. This is an important and far-reaching Bill which will see wide ranging reforms to competition and consumer protection laws.’

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Mills & Reeve, 10th May 2023

Source: www.mills-reeve.com

Workers’ rights put at risk by plan to scrap EU working hours rules, says TUC – The Guardian

Posted May 11th, 2023 in bills, brexit, EC law, news, trade unions, working time by sally

‘Trades unions have warned that workers’ rights are in peril after the government unveiled new plans to scrap EU rules on working hours as part of its drive to cut “unnecessary red tape”.’

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The Guardian, 10th May 2023

Source: www.theguardian.com

The UK vs the ECtHR: Anatomy of A Politically Engineered Collision Course – EIN Blog

‘In recent months, the UK government has tabled two Bills before Parliament which would have the consequence – and almost certainly have the intention – of setting the UK on a collision course with the Council of Europe, and especially the European Court of Human Rights (ECtHR). Both the Bill of Rights Bill and the Illegal Migration Bill, introduced on 22 June 2022 and 7 March 2023 respectively, contain provisions that openly flout the UK’s obligations under the European Convention on Human Rights (ECHR). While the former is currently in parliamentary limbo, the Illegal Migration Bill will probably become law, following extensive amendment by the House of Lords, which will debate it on 10 May.’

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EIN Blog, 9th May 2023

Source: www.ein.org.uk

Raab’s Bill of Rights Bill for final chop – Law Society’s Gazette

Posted May 10th, 2023 in bills, brexit, human rights, lord chancellor, news by sally

‘Dominic Raab’s plan for human rights law reform is to get its final coup de grace under lord chancellor Alex Chalk, according to media reports. The Bill of Rights Bill – introduced last summer and then shelved under Liz Truss’s government – is technically still before parliament, awaiting a second reading in the House of Commons. However its future has been in doubt despite Raab’s return to office under Rishi Sunak.’

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Law Society's Gazette, May 2023

Source: www.lawgazette.co.uk