The Trade Bill – renegotiation and renewal of EU trade agreements after Brexit – in this new constitutional territory more Parliamentary scrutiny is urgently needed – Brexit Law

‘The lack of adequate Parliamentary scrutiny when the UK negotiates trade agreements (something it has not done in its own right for many years) has come to the attention of the House of Commons International Trade Committee. This is timely given the prospect of the UK negotiating the single most important trade agreement it is likely to negotiate for a long time – its future trade agreement with the EU. The context for the Committee’s concern is its inquiry into the Trade Bill. One of the issues which the Bill addresses is the domestic implementation in the UK of those EU trade agreements which are adapted for continued application by the UK after Brexit. The Committee has asked whether Parliamentary scrutiny of ministerial rules implementing these agreements is adequate, and, more broadly, whether scrutiny of the UK signing up to these and other trade agreements, is adequate.’

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Brexit Law, 6th December 2017

Source: brexit.law

The data protection bill is yet another legal threat to UK press freedom – The Guardian

‘Proposals to allow the information commissioner to assess journalists’ use of private information before publication could let the powerful off the hook.’

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The Guardian, 3rd December 2017

Source: www.theguardian.com

Jail people who attack police dogs for up to five years, MPs say – Daily Telegraph

Posted December 4th, 2017 in animals, bills, criminal justice, news, police, sentencing by sally

‘Criminal suspects who attack police dogs should be jailed for up to five years under a specific new offence, MPs will say this week. Sir Oliver Heald, a former solicitor general, is to call for legislation to cover those who injure “service animals”, including guide dogs and animals assisting police and military officers.’

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Daily Telegraph, 2nd December 2017

Source: www.telegraph.co.uk

Draft Drone Bill to hand police powers to tackle unsafe and criminal use – Local Government Lawyer

Posted November 28th, 2017 in aircraft, bills, health & safety, news, police, privacy by sally

‘A draft Drone Bill, to be published in spring 2018, will hand the police new powers to prevent the unsafe or criminal use of drones, the Government has announced.’

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Local Government Lawyer, 27th November 2017

Source: www.localgovernmentlawyer.co.uk

Thomas Horsley: In (Domestic) Courts We Trust: The European Union (Withdrawal) Bill and The Interpretation of Retained EU Law – UK Constitutional Law Association

Posted November 28th, 2017 in bills, brexit, EC law, interpretation, news, treaties by sally

‘Earlier in the year, I posted on the importance of Parliament legislating to provide a new ‘constitutional instruction’ to national courts to replace that currently set out in the European Communities Act 1972 (ECA) and offer clear guidance on judicial interpretation post-Brexit (see here). The European Union (Withdrawal) Bill provides domestic courts with that instruction as part of its effort to prepare the UK legal order for the challenges of leaving the European Union. This second post reviews the terms of that instruction and reflects on the scope that it would afford national courts to shape the development of domestic law post-Brexit.’

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UK Constitutional Law Association, 27th November 2017

Source: ukconstitutionallaw.org

Drone users will be forced to sit safety tests as number of near misses with planes increases by 60 per cent – Daily Telegraph

‘Drone users will be forced to sit safety tests under a government clampdown after near misses with planes have increased by 60 per cent in a year.’

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Daily Telegraph, 26th November 2017

Source: www.telegraph.co.uk

Gig economy reform – how to balance innovation and the protection of workers – Technology Law Update

Posted November 27th, 2017 in bills, employment, flexible working, news, reports, select committees by sally

‘The position of workers in the gig economy, those on zero hours contracts and agency workers has been the focus of political attention recently. While these models provide valuable flexibility to businesses, especially those using innovative technology like using an app or a website to hire someone for a particular task, they can leave individuals with insecure incomes and future prospects, and unprotected from exploitative companies. They can also leave the most responsible businesses at a disadvantage.’

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Technology Law Update, 23rd November 2017

Source: www.technology-law-blog.co.uk

Proposed law would add mothers’ names to marriage certificates in England and Wales – The Guardian

Posted November 27th, 2017 in bills, documents, marriage, news, women by sally

‘Mothers’ names could be added to marriage certificates for the first time if a cross-party group of MPs succeed in changing the wording on the documents, which campaigners say are no longer fit for modern times.’

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The Guardian, 26th November 2017

Source: www.theguardian.com

Goods Mortgages Bill ready to write off unfair law on logbook loans – Law Commission

Posted November 24th, 2017 in bills, consumer protection, loans, mortgages, press releases by sally

‘The Law Commission has today published a new draft Bill to put the brake on unfair rules on logbook loans and usher in a new era of better protection for consumers.’

Full press release

Law Commission, 24th November 2017

Source: www.lawcom.gov.uk/

UK law ‘to recognise animal feelings’ – BBC News

Posted November 24th, 2017 in animal cruelty, animals, bills, brexit, EC law, news by sally

‘Ministers are considering how to amend UK law to recognise animal sentience after Brexit, Michael Gove says.’

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BBC News, 23rd November 2017

Source: www.bbc.co.uk

UK government publishes post-Brexit customs legislation – OUT-LAW.com

Posted November 23rd, 2017 in bills, customs and excise, news, sale of goods, taxation, VAT by sally

‘Legislation that will underpin the UK’s standalone post-Brexit customs regime has been published by the government.’

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OUT-LAW.com, 22nd November 2017

Source: www.out-law.com

Change law to protect gig economy workers, MPs’ report urges – The Guardian

Posted November 20th, 2017 in bills, news, select committees, self-employment by sally

‘The government is under pressure to change the law to tackle bogus self-employment and protect workers in the gig economy after a report published on Monday by two influential parliamentary committees.’

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The Guardian, 20th November 2017

Source: www.theguardian.com

Closing the Gaps – the failure of the law on health & safety at home – Nearly Legal

Posted November 15th, 2017 in bills, health & safety, housing, landlord & tenant, reports by sally

‘Three months ago we wrote about a research project and report on housing and health and safety law being carried out for Shelter by legal academics from the Universities of Kent and Bristol. Now the report has been completed.’

Full report

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Nearly Legal, 14th November 2017

Source: www.nearlylegal.co.uk/blog/

Calls to Lower Voting Age Sidelined – But is There a Human Rights Argument? – Rightsinfo

Posted November 6th, 2017 in bills, elections, enfranchisement, human rights, news, treaties by sally

‘MPs in Westminster today debated proposals to lower the voting age across the UK to 16 – but could there be a human rights argument for this?’

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Rightsinfo, 3rd November 2017

Source: rightsinfo.org

Government reiterates plans for EU-UK data flows post-Brexit amidst criticism of Data Protection Bill powers – OUT-LAW.com

‘The UK government has reiterated its plans to establish an agreement with the remainder of the EU member states that will allow personal data to flow across borders unhindered post-Brexit.’

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OUT-LAW.com, 30th October 2017

Source: www.out-law.com

Prisoners Will Finally Be Given The Vote, Say Reports – Rights Info

‘A limited number of prisoners will be allowed to vote ending the UK’s total ban on prisoners voting, according to reports.’

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Rights Info, 29th October 2017

Source: rightsinfo.org

Self-driving cars and “safety-critical” software updates – Technology Law Blog

‘As noted previously, the Automated and Electric Vehicles Bill currently under consideration by Parliament includes draft rules concerning the insurance of “automated” vehicles – being vehicles “designed or adapted to be capable, in at least some circumstances or situations, of safely driving themselves”. Tesla, Volvo, and BMW amongst others have already developed vehicles with limited self-driving capabilities, although fully autonomous vehicles (i.e. those actually capable of driving themselves) are still in the testing phase.’

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Technology Law Blog, 30th October 2017

Source: www.technology-law-blog.co.uk

Alison Young: Benkharbouche and the Future of Disapplication – UK Constitutional Law Association

Posted October 26th, 2017 in bills, brexit, conflict of laws, EC law, jurisdiction, news, Supreme Court, working time by sally

‘Last week, Lord Sumption delivered the majority decision of the Supreme Court on Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs: Secretary of State for Foreign and Commonwealth Affairs and Libya v Janah. The case would have been heard in December of last year, but for the small matter of Miller, which caused the hearing to be moved to June of this year. Brexit and Miller, however, do not only seem to have affected the timing of the hearing. They have also affected its importance. What might have been originally anticipated as a potentially defining moment – where the Supreme Court confirmed that the EU’s Charter of Fundamental Rights and Freedoms could be used as a stand-alone cause of action to disapply primary legislation and explained how this could be achieved – was translated into an almost blasé statement by the court that ‘a conflict between EU law and English domestic law must be resolved in favour of the former, with the latter being disapplied; whereas the remedy in the case of inconsistency with Article 6 of the Human Rights Convention is a declaration of incompatibility.’ What might once have seemed controversial has become run of the mill. What has led to the casual acceptance of ‘disapplication’ of a UK statute; and what will happen to disapplication – and the Charter – post-Brexit?’

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UK Constitutional Law Association, 24th October 2017

Source: ukconstitutionallaw.org

Why, 50 years after the Abortion Act, it’s time to abolish the law altogether – The Guardian

Posted October 26th, 2017 in abortion, bills, news by sally

‘Half a century after abortions were legalised, women seeking terminations are still being stigmatised. It’s time to take abortion out of the criminal code and regulate it like any other healthcare measure.’

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The Guardian, 25th October 2017

Source: www.theguardian.com

Government called on to let data breach victims force compensation – The Guardian

Posted October 24th, 2017 in bills, compensation, consumer protection, data protection, news, victims by sally

‘Consumer organisation Which? is calling on the government to create new rights for people who have been the victims of a corporate data breach.’

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The Guardian, 24th October 2017

Source: www.theguardian.com