Online Safety Bill: Plan to make big tech remove harmful content axed – BBC News

Posted November 29th, 2022 in bills, children, hate crime, internet, news by sally

‘Controversial measures which would have forced big technology platforms to take down legal but harmful material have been axed from the Online Safety Bill.’

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BBC News, 29th November 2022

Source: www.bbc.co.uk

New laws to better protect victims from abuse of intimate images – Ministry of Justice

Posted November 25th, 2022 in bills, consent, internet, Law Commission, Ministry of Justice, news, pornography, victims by sally

‘Victims will be better protected from abusers who share intimate images without their consent, under a raft of changes to the law announced today (25 November 2022).’

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Ministry of Justice, 25th November 2022

Source: www.gov.uk

Law Commission recommendations to protect victims of intimate image abuse to be implemented – Law Commission

Posted November 25th, 2022 in bills, consent, internet, Law Commission, Ministry of Justice, news, pornography, victims by sally

‘The Government has today announced that it will implement Law Commission recommendations to strengthen the law to protect victims of intimate image abuse.’

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Law Commission, 25th November 2022

Source: www.lawcom.gov.uk

Meta seeks government protection from Rees-Mogg’s EU law bonfire – The Guardian

Posted November 25th, 2022 in bills, brexit, company law, EC law, internet, news by sally

‘Facebook and Instagram have asked for government protection from Jacob Rees-Mogg’s bonfire of up to 4,000 EU laws on post-Brexit statute books. In a letter to a parliamentary committee to be published on Friday, the parent group, Meta, asks that laws underpinning social media firms are either “explicitly maintained elsewhere” or “removed from the scope” of the retained EU law (revocation and reform) bill.’

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The Guardian, 25th November 2022

Source: www.theguardian.com

New Judgment: Reference by the Lord Advocate of devolution issues under paragraph 34 of Schedule 6 to the Scotland Act 1998 [2022] UKSC 31 – UKSC Blog

‘The Scottish Government drafted a Scottish Independence Referendum Bill which makes provision for a referendum on the question, “Should Scotland be an independent country?”. Under the Scotland Act 1998 (“the Scotland Act”), the power of the Scottish Parliament to make legislation (or its “legislative competence”) is limited. A provision of a Bill will be outside the legislative competence of the Scottish Parliament and therefore not law if it relates to the matters which have been reserved to the United Kingdom Parliament in Westminster (sections 29(1) and (2)(b)). These reserved matters include “the Union of the Kingdoms of Scotland and England” and “the Parliament of the United Kingdom” (Schedule 5, paragraphs 1(b) and (c)).’

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UKSC Blog, 23rd November 2022

Source: ukscblog.com

MPs back tougher economic crime fines and oversight for lawyers – Legal Futures

‘MPs have backed giving the Solicitors Regulation Authority (SRA) unlimited fining powers in cases of economic crime.’

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Legal Futures, 24th November 2022

Source: www.legalfutures.co.uk

Saba Shakil: Bridging the gap between remedial reform and judicial practice: A study of challenges to delegated legislation – UK Constitutional Law Associaton

Posted November 24th, 2022 in bills, constitutional law, government departments, human rights, judiciary, news by sally

‘The resurrected Bill of Rights Bill (BoRB) shows that the government is continuing to grasp at the wrong end of the remedies stick – and it will continue to do so until it pays attention to the evidence. ‘

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UK Constitutional Law Association, 24th November 2022

Source: ukconstitutionallaw.org

Supreme court rules against Scottish parliament holding new independence referendum – The Guardian

‘The Scottish parliament cannot hold a second independence referendum without Westminster approval, the UK supreme court has ruled, in a unanimous judgment likely to anger Scottish nationalists who say the country’s future is for Scottish voters to decide.’

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The Guardian, 23rd November 2022

Source: www.theguardian.com

What is the supreme court’s Scottish independence ruling about? – The Guardian

‘All you need to know about decision on whether Scotland can hold new referendum without Westminster approval.’

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The Guardian, 23rd November 2022

Source: www.theguardian.com

Jane Rooney: The Extraterritorial Application of the Human Rights Act: Overseas Military Operations and Beyond – UK Constitutional Law Association

Posted November 22nd, 2022 in armed forces, bills, constitutional law, human rights, news by sally

‘With the reinstatement of Dominic Raab as Secretary of State for Justice, the Bill of Rights Bill, currently before Parliament, is once again a possibility only weeks after Liz Truss halted its progression on account that it was a ‘complete mess’. This post examines the Bill’s provisions on overseas military operations, how they compare with the UK judiciary’s approach, the Overseas Operations (Service Personnel and Veterans) Act 2021, and the European Court of Human Rights (ECtHR) jurisprudence. Also highlighted are other extraterritoriality issues outside overseas military operations that the UK will have to consider.’

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UK Constitutional Law Association, 22nd November 2022

Source: ukconstitutionallaw.org

Children being coerced into most severe forms of sexual abuse online – report – The Independent

‘The Internet Watch Foundation says it found nearly 900 instances of the most severe types of child sexual abuse content in just five days.’

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The Independent, 18th November 2022

Source: www.independent.co.uk

Christian Magaard: Reconciling the Proactive Principle of Legality with Parliamentary Sovereignty – UK Constitutional Law Association

Posted November 18th, 2022 in bills, constitutional law, human rights, news, parliament by sally

‘Rising like an arguably rather dark phoenix from the ashes, the Bill of Rights Bill now appears back on the legislative agenda. Yet again, the repeal of the Human Rights Act 1998 (HRA) seems somewhat inevitable, unless cabinet will once again implode in turmoil. In this light, the potential of the common law to provide a system of rights protection of similar vigour to that of the HRA has rightly gained much attention. The previous debate has largely focused on the content and development of common law rights and the structural potentials of the common law constitution. In contrast, this post will shed some light on what Mark Elliott described as the rigour of rights protection. The repeal of s. 3 HRA is surely one of the major cuts of judicial competences that the Bill of Rights Bill aims to undertake. Reinforcing a suggestion made by Eirik Bjorge and Michael Foran, it will hence be argued that the judiciary may well fill this protection gap by applying the proactive principle of legality (PoL). The use of this principle, however, can only be justified by acknowledging a new doctrinal foundation that reconciles it with parliamentary sovereignty.’

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UK Constitutional Law Association, 17th November 2022

Source: ukconstitutionallaw.org

Shona Wilson Stark: Section 4 of the Human Rights Act 1998: Still Standing, or Standing Still? – UK Constitutional Law Association

Posted November 18th, 2022 in bills, constitutional law, human rights, news by sally

‘In previous work, I have criticised the courts’ apparent confusion and/or uneasiness with the making of declarations of incompatibility under section 4 of the Human Rights Act 1998 (“HRA”). I have argued that the courts have paid insufficient mind to the fact that the regime under sections 3-4 of the HRA is different to the regime under HRA sections 6-9. The related questions of who has standing to bring a section 4 claim and what “incompatibility” means are unresolved. In this post, I recap my argument and attempt to ignite a discussion about the proper purpose of section 4, prior to any future human rights reform.’

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UK Constitutional Law Association, 16th November 2022

Source: ukconstitutionallaw.org

Research briefing: Seafarers’ Wages Bill [HL] 2022-23 – House of Commons Library

Posted November 17th, 2022 in bills, employment, news, remuneration, shipping law, ships by sally

‘This briefing will discuss the Government’s Bill to ensure seafarers with close ties to the UK are paid at least an equivalent to the UK national minimum wage while they are in UK waters.’

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House of Commons Library , 14th November 2022

Source: commonslibrary.parliament.uk

Research Briefing: The Supported Housing (Regulated Oversight) Bill 2022-23 – House of Commons Library

Posted November 17th, 2022 in benefits, bills, housing, landlord & tenant, local government, news, parliament by sally

‘Bob Blackman’s Private Members Bill will receive its second reading on 18 November 2022. This paper explains how the bill aims to strengthen regulation of supported exempt housing in England.’

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House of Commons Library , 15th November 2022

Source: commonslibrary.parliament.uk

UK Retained EU Law Bill’s impact on intellectual property – OUT-LAW.com

Posted November 11th, 2022 in bills, brexit, copyright, EC law, intellectual property, news, trade marks by sally

‘The Retained EU Law (Revocation and Reform) Bill will fundamentally change the UK’s post-Brexit legal landscape if it becomes law, including impacting intellectual property (IP) related legislation.’

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OUT-LAW.com, 10th November 2022

Source: www.pinsentmasons.com

EU law overhaul will have ‘devastating impact’ – Society – Law Society’s Gazette

Posted November 9th, 2022 in bills, brexit, EC law, Law Society, news, rule of law by sally

‘The Retained EU Law (Revocation and Reform) Bill could have a devastating impact on legal certainty in the UK, the Law Society said today as the bill reaches committee stage in the House of Commons.’

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Law Society's Gazette, 8th November 2022

Source: www.lawgazette.co.uk

New duties to be imposed on UK employers to prevent sexual harassment – OUT-LAW.com

‘The UK government is supporting a private member’s bill to bring back employers’ liability for harassment of employees by third parties at work, as well as introduce a new duty to prevent workplace sexual harassment.’

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OUT-LAW.com, 3rd November 2022

Source: www.pinsentmasons.com

Keeping tips from workers could be illegal under new law -BBC News

Posted October 31st, 2022 in bills, employment, news, remuneration, trade unions by sally

‘Employers not paying workers their tips in their entirety, without deductions, may soon become illegal.’

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BBC News, 30th October 2022

Source: www.bbc.co.uk

Government legacy bill risks breaches of human rights law, committee finds – The Independent

‘Proposed Government legislation to deal with the legacy of Northern Ireland’s Troubles risks widespread breaches of human rights law, a Westminster committee has found.’

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The Independent, 26th October 2022

Source: www.independent.co.uk