Mark Elliott: Judicial Review Reform — The Report of the Joint Committee on Human Rights – UK Constitutional Law Association

‘Earlier this week, the parliamentary Joint Committee on Human Rights has published its report on The implications for access to justice of the Government’s proposals to reform judicial review (HL 174 HC 868 2013-14). The report is, perhaps unsurprisingly, generally critical of the proposals and of the way in which they have been or are being introduced. I have already summarised the proposals and commented on some of them in earlier posts. In this post, I draw attention to some key passages in the JCHR’s report, commenting on them briefly and, at the end of the piece, offering some reflections on some of the underlying constitutional issues highlighted by the Committee.’

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UK Constitutional Law Association, 1st May 2014

Source: www.ukconstitutionallaw.org

Not in our name: Parliamentary committee rejects Government’s case for Judicial Review reform – UK Human Rights Blog

‘Angela Patrick, Director of Human Rights Policy at JUSTICE, summarises the important Joint Committee on Human Rights report “The implications for access to justice of the Government’s proposals to reform judicial review”.’

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UK Human Rights Blog, 30th April 2014

Source: www.ukhumanrightsblog.com

Nigerian woman fearing daughters’ FGM wins reprieve on deportation – The Guardian

‘A woman has won a temporary reprieve in her fight against being deported to her native Nigeria where she says her children face being subjected to female genital mutilation.’

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The Guardian, 25th April 2014

Source: www.guardian.co.uk

Housing benefit changes distress disabled people, say MPs – BBC News

‘Changes to housing benefit in England, Scotland and Wales are creating “financial hardship and distress” for disabled people, MPs have warned.’

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BBC News, 2nd April 2014

Source: www.bbc.co.uk

MoD burdened by unprecedented rise in court actions, MPs warn – The Guardian

‘An unprecedented rise in court actions is placing a huge burden on the Ministry of Defence and could have the unintended consequence of leading to even more civilian casualties, according to a report by MPs.’

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The Guardian, 2nd April 2014

Source: www.guardian.co.uk

MPs renew demand for Commons votes on use of war-making powers – BBC News

Posted March 27th, 2014 in news, parliament, select committees, war by tracey

‘The government must enshrine in law its commitment to consult the House of Commons before using its war-making powers, MPs have reiterated.’

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BBC News, 27th March 2014

Source: www.bbc.co.uk

Offenders choosing jail time ahead of paying confiscation orders: MPs – Local Government Lawyer

Posted March 25th, 2014 in confiscation, imprisonment, news, reports, sanctions, select committees by sally

‘Offenders are choosing to spend extra time in jail rather than pay confiscation orders and the sanctions for such non-payment do not work, the Public Accounts Committee has said.’

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Local Government Lawyer, 24th March 2014

Source: www.localgovernmentlawyer.co.uk

Mental Capacity Act 2005 – a damning report – Halsbury’s Law Exchange

‘The House of Lords Select Committee appointed to undertake post-legislative scrutiny of the Mental Capacity Act 2005 (MCA 2005) has now reported. After a mammoth evidence gathering exercise (the transcripts of the oral evidence received and the written evidence submitted ran to almost 2,000 pages), the Committee has provided a damning report upon almost all aspects of the (lack of) implementation of the MCA 2005.’

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Halsbury’s Law Exchange, 17th March 2014

Source: www.halsburyslawexchange.co.uk

Bullying in armed forces on rise, MoD figures reveal – The Guardian

‘Shocking official figures reveal a surge in the incidence of bullying in the armed forces, with one in 10 military personnel claiming to have been the victim of “discrimination, harassment or bullying in a service environment” during the past year.’

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The Guardian, 1st February 2014

Source: www.guardian.co.uk

Barristers tell Parliament that some GCHQ mass surveillance is illegal – UK Human Rights Blog

‘Two barristers have advised a Parliamentary committee that some mass surveillance allegedly undertaken by the UK’s security services is probably illegal. Jemima Stratford QC and Tim Johnston’s advice (PDF) was commissioned by the chair of the All Party Parliamentary Group on Drones.’

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UK Human Rights Blog, 29th January 2014

Source: www.ukhumanrightsblog.com

Mentally unfit refugees unfairly targeted by Home Office – The Guardian

‘The Home Office is covertly targeting the most vulnerable asylum seekers – those considered mentally unfit, or victims of torture – for deportation as part of the government’s hardline stance on immigration, according to lawyers and charity workers.’

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The Guardian, 25th January 2014

Source: www.guardian.co.uk

Is the Mental Capacity Act incompatible with the ECHR? – Halsbury’s Law Exchange

Posted January 10th, 2014 in Court of Protection, evidence, human rights, mental health, news, select committees by tracey

‘A group of leading lawyers has expressed concern that the current system for representation of certain protected parties (P) in Court of Protection proceedings is incompatible with the ECHR.’

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Halsbury’s Law Exchange, 10th January 2014

Source: www.halsburyslawexchange.co.uk

Jack Alaric Simson Caird: A Code of Constitutional Standards – UK Constitutional Law Group

Posted January 9th, 2014 in constitutional law, news, reports, select committees by sally

‘The Constitution Unit of University College London is today publishing a report which sets out a code of constitutional standards based on the reports of the House of Lords Select Committee on the Constitution. Since 2001 the Committee has made many recommendations in its reports, and the goal of this report was to codify these recommendations in order to make the Committee’s analysis of the constitution more accessible. The report, by Robert Hazell, Dawn Oliver and myself, contains a code of 126 constitutional standards, each of which is relevant to the legislative process, and each of which has been extracted from the 149 reports of the Constitution Committee that were reviewed. The standards are organised into five sections: the rule of law; delegated powers, delegated legislation and Henry VIII clauses; the separation of powers; individual rights; and parliamentary procedure.’

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UK Constitutional Law Group, 8th January 2014

Source: www.ukconstitutionalgroup.org

UK ‘was inappropriately involved in rendition’ – BBC News

Posted December 19th, 2013 in inquiries, intelligence services, news, rendition, reports, select committees, terrorism by tracey

‘There is evidence Britain was inappropriately involved in the rendition and ill-treatment of terror suspects, an inquiry has revealed.’

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BBC News, 19th December 2013

Source: www.bbc.co.uk

UK inquiry on rendition and torture to be handed to ISC – The Guardian

Posted December 19th, 2013 in inquiries, intelligence services, news, rendition, select committees, torture by tracey

‘The stalled official inquiry into the UK’s involvement in rendition and torture in the years after 9/11 is to be handed to the controversial intelligence and security committee (ISC), the government will announce on Thursday.’

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The Guardian, 18th December 2013

Source: www.guardian.co.uk

FGM – No More Excuses – Halsbury’s Law Exchange

Posted November 26th, 2013 in female genital mutilation, health, news, prosecutions, reports, select committees by tracey

‘There is no topic more appropriate to write about on the International Day for the Elimination of Violence against Women than that of Female Genital Mutilation (FGM). FGM involves the partial or total removal of a girl’s genitalia for non-medical reasons. The potential health risks resulting from the FGM procedure are numerous and severe: in extreme cases it can lead to sterility, infection, haemorrhaging and death. The risks associated with FGM are exacerbated by the fact that it is usually performed by people with no formal medical training in unsanitary conditions. Many statements from girls who were mutilated describe being physically held down on tables in make-shift theatres, and having their genitalia cut with sharp implements. Anaesthetic is rarely used.’

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Halsbury’s Law Exchange, 25th November 2013

Source: www.halsburyslawexchange.co.uk

Watchdog demands GCHQ report on NSA’s UK data storage – The Guardian

‘The watchdog tasked with scrutinising the work of Britain’s intelligence agencies is to demand an urgent report from GCHQ about revelations that the phone, internet and email records of British citizens have been analysed and stored by America’s National Security Agency.’

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The Guardian, 21st November 2013

Source: www.guardian.co.uk

Justice Committee calls for “more meaningful” penalties for companies convicted of financial crime – OUT-LAW.com

“Fines handed to companies convicted of fraud or other financial crimes should be calculated as a percentage of turnover, rather than with reference to the amount of financial harm caused, a committee of MPs has said.”

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OUT-LAW.com, 13th November 2013

Source: www.out-law.com

Miranda, Prisoner Votes & Judicial Review Myths – The Human Rights Roundup – UK Human Rights Blog

“This week, the Parliamentary Joint Committee on the draft Voting Eligibility (Prisoners) Bill took evidence , and there were notable comments from the Secretary General of the Council of Europe, the body which monitors compliance with the European Court of Human Rights. Meanwhile, Baroness Hale weighed in on the proposed judicial review changes and, continuing along the judicial review vein, David Miranda (pictured) began his claim on Wednesday.”

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UK Human Rights Blog, 11th November 2013

Source: www.ukhumanrightsblog.com

Introduce stiffer fines for companies guilty of fraud, says new report by MPs – Daily Telegraph

Posted November 11th, 2013 in fines, fraud, news, select committees, sentencing by michael

“Plans set out by the Sentencing Council earlier this year could lead to ‘overly lenient’ punishment, parliamentary committee says.”

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Daily Telegraph, 8th November 2013

Source: www.telegraph.co.uk