On 27 February 2017, some eight months after the hearing on 26-27 June 2018 and 19 months after permission to appeal was granted, the Supreme Court handed down its reserved judgment In the matter of an application by Geraldine Finucane for Judicial Review (Northern Ireland) [2019] UKSC 7.
The appellant, Geraldine Finucane, was the wife of Patrick Finucane, a solicitor murdered in
his home in North Belfast by an illegal paramilitary group. That was on 12
February 1989 - 30 years ago. The State colluded in the murder by using its agents
deliberately to manipulate loyalist paramilitaries so that they targeted
suspected republican terrorists. The appellant’s husband, who was not
connected with terrorism, was targeted in this way leading to his
murder. The State knew of the plan to murder him and either took no
action to prevent his death or was complicit in it.
Responsible and sometimes critical comment on topical legal matters of general interest. This blog does not offer legal advice and should not be used as a substitute for professional legal advice. Pro Aequitate Dicere
Wednesday, 27 February 2019
Brexit ~ House of Commons 26 and 27 February
On 29 January the Commons voted on various amendments to a motion put forward by the Prime Minister. The outcome was to require the Northern Ireland backstop to be replaced with "alternative arrangements" to avoid a hard border - see previous post.
On 26 February, following further engagement with the EU, the Prime Minister
Saturday, 23 February 2019
Shamima Begum and the law
Updated 9 March 2019 and 21 March 2019
Shamima Begum:
Shamima Begum:
Shamima Begum was born in the UK but, at age 15, she went, with two other girls, to Syria allegedly to join ISIS. She later married ISIS member Yago Riedijk. In 2017 she and her husband fled to Baghouz. She wished to come to the UK to have her latest baby.
Two previous children died of malnutrition and illness. Her husband is thought to be held by Syrian forces.
According
Two previous children died of malnutrition and illness. Her husband is thought to be held by Syrian forces.
According
Friday, 22 February 2019
Brexit-related litigation ~ update
This post is a summary of various applications for judicial review related to Brexit. It may not be a comprehensive list.
Supreme Court - The Miller / Dos Santos case:
The Supreme Court held (8 to 3) that an Act of Parliament was required to authorise the government to give notice under Article 50 Treaty on European Union. The case is extensively discussed on this blog and elsewhere. See UK Supreme Court Decided cases and Bailii [2017] UKSC 5. The European Union (Notification of Withdrawal) Act 2017 followed this case and authorised the Prime Minister to give the Article 50 notice.
Supreme Court - The Miller / Dos Santos case:
The Supreme Court held (8 to 3) that an Act of Parliament was required to authorise the government to give notice under Article 50 Treaty on European Union. The case is extensively discussed on this blog and elsewhere. See UK Supreme Court Decided cases and Bailii [2017] UKSC 5. The European Union (Notification of Withdrawal) Act 2017 followed this case and authorised the Prime Minister to give the Article 50 notice.
Tuesday, 19 February 2019
"Martial Law" if no deal Brexit
In recent weeks, several media articles have referred to "Martial Law" being imposed in the UK in the event of a "no deal" Brexit.
Some of the media reports:
The National is a Scottish publication supporting an independent Scotland. Its headline of 27 January stated - UK government prepare for martial law in the even of no deal Brexit.
The Mirror on 28 January declared that
Friday, 15 February 2019
No prosecutions for Road Traffic Accident on A149 ~ 17 January 2019
A collision occurred between
Tuesday, 12 February 2019
Brexit Library ~ Key materials
Links to Key Brexit materials are set out in this post. The posts listed below date from 20 February 2016 to 31 January 2020 and are my record of the various events on the way to finalisation of Brexit.
For Brexit-related posts in 2020 see 4 January 2021 - Brexit ~ Agreements, Legislation, Key Dates, and blogposts
*** The Key Material ***
The 1972 Act and the Treaties:
European Communities Act 1972
Treaty on European Union (TEU) and Treaty on the Functioning of the EU (TFEU)
Referendum:
European Union (Referendum) Act 2015
UK government - material published under section 7 of the Referendum Act -(a) Alternatives to membership: possible models for the UK outside the EU; (b) Rights and Obligations of EU membership.
BBC - Referendum result 23 June 2016
Supreme Court - Miller case:
Supreme Court judgments in R (Miller and another) v Secretary of State for Exiting the EU [2017] UKSC 5 - majority 8 to 3 -majority judgment and 3 dissenting judgments. The majority held that an Act of Parliament was required to authorise government ministers to give notice under Article 50 of the Treaty on European Union.
European Union (Notification of Withdrawal) Act 2017 - The Prime Minister may notify, under Article 50(2) of the Treaty on European Union, the United Kingdom’s intention to withdraw from the EU.
The Article 50 Notification was handed to the President of the EU Council on 29 March 2017 thereby commencing the 2 year Article 50 period. In Wightman and others v Secretary of State for Exiting the EU, the Court of Justice of the EU (CJEU) has held that notification under Article 50 of the Treaty on European Union is unilaterally revocable. Read the Court's Press release 10 December 2018 and the Court's Judgment.
Government policy:
Prime Minister's Lancaster House Speech - January 2017 - set out the Plan for Britain, including the 12 priorities that the UK government would use to negotiate Brexit.
European Union Documents:
European Council Brexit documentation - from 23 June 2016
European Commission documentation
December 2017:
Joint report 8 December 2017 - Joint report from the negotiators of the EU and the UK Government on progress during phase 1 of the negotiations under Article 50
The 2018 Withdrawal Act:
European Union (Withdrawal) Act 2018 - An Act to repeal the European Communities Act 1972 and make other provision in connection with the withdrawal of the United Kingdom from the EU.
Withdrawal Agreement negotiated:
A DRAFT withdrawal agreement was reached by the end of February 2018.
Following the government meeting at Chequers on 6 July 2018 a White Paper was published - The future relationship between the UK and the EU.
Withdrawal Agreement 25 November 2018 - Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, as agreed at negotiators' level on 14 November 2018
Political Declaration 25 November 2018 - Draft Political Declaration
The Withdrawal Agreement Explained - published by the EU on 8 February 2019
25 April 2019 - EU Official Journal - Withdrawal Agreement
"Meaningful Vote" 15 January 2019:
The House of Commons rejected the Withdrawal Agreement
The Debate and Vote of 12 March 2019:
Withdrawal Agreeement and other documents 12 March 2019 - The Department for Exiting the EU (DExEU) - Policy Paper 11 March Withdrawal Agreement and Political Declaration laid before Parliament following political agreement. The Commons rejected the Agreement.
Article 50 - (first) time extension:
European Council Art 50 conclusions, 21 March and Council Decision 22 March formalising the political agreement reached on 21 March 2019 on extending the period under Article 50. Also see the UK Government's letter agreeing to the extension.
House of Commons 29 March:
The Withdrawal Agreement was rejected for the third time
Article 50 - (second) time extension:
The European Council met on Wednesday 10 April and granted an extension for a flexible period but no later than 31 October 2019 - read the Council Conclusions and Council Decision 10 April.
Further Withdrawal legislation:
European Union (Withdrawal) (No 2) Act 2019 - placing duties on the Prime Minister in connection with withdrawal from the EU
October 2019:
UK proposals for a new protocol for Ireland / Northern Ireland
The New Withdrawal Agreement (541 pages pdf), New Political Declaration (31 pages pdf), the Declaration on Consent in Northern Ireland (8 pages pdf), and a Statement that Political Agreement has been reached (7 pages) may be seen at - UK Government 19 October
Article 50 (third) time extension:
29 October 2019 - European Council granted extension to 31 January 2020
January 2020:
European Union (Withdrawal Agreement) Act 2020 - to give effect in UK legal systems to the Withdrawal Agreement of October 2019
Links to Law and Lawyers posts on Brexit follow:
: Posts in 2020 :
31 January - Reflections on Exit Day
30 January - Brexit signed and sealed
24 January - Brexit - Final Throes
22 January - EU Withdrawal Bill - Legislative consent refused
10 January - Brexit - events week beginning 6 January
: Posts in 2019 - (latest first) :
31 December - UK and EU in 2020
23 December - The European Union (Withdrawal Agreement) Bill
16 November - Withdrawal Agreement ~ Joint Committee
10 November - Withdrawal Agreement - The Ireland / Northern Ireland Protocol
8 November - Brexit - key links and analysis
29 October - Brexit - Flextension - General Election
23 October - Withdrawal Agreement Bill in Limbo
22 October - Brexit documents in one place - this post was replaced on 8 November - here.
20 October - Three letters - Brexit extension in the balance
19 October - Brexit - House of Commons Saturday 19 October 2019
17 October - EU - Negotiator level agreement - NOT the done deal by a long way
7 October - Brexit and Civil Aviation
3 October - In brief - Proposal for new Ireland protocol - Prorogation
2 October - Brexit ~ Further court actions in Scotland
27 September - Case of Prorogation - Supreme Court judgment (2)
27 September - Case of Prorogation - Supreme Court judgment (1)
24 September - Prorogation unlawful - Supreme Court judgment
19 September - The prorogation litigation 17-19 September 2019
17 September - Prorogation of Parliament - Supreme Court to hear challenges
13 September - The European Union (Withdrawal) (No 2) Act 2019
11 September - Prorogation and the courts
10 September - Extraordinary times - Parliament 9 September 2019
5 September - What happened on 4 September
4 September 2019 - 3 September ~ What happened - minus the rhetoric
29 August - Prorogation announced
25 August 2019 - Exit Day and repeal of ECA 1972
13 August 2019 - Prorogation
6 August 2019 - Could Parliament stop no-deal Brexit
1 August 2019 - Brexit Uncertainty
19 July 2019 - Northern Ireland (Executive Formation) Bill - (2)
17 July 2019 - European Parliament 16 July 2019 - Brexit and no deal
7 July 2019 - Northern Ireland (Executive Formation) Bill
3 July 2019 - EU Council 30 June to 3 July 2019
12 June 2019 - Prorogation of Parliament to achieve a "no deal" Brexit
6 June 2019 - As the Brexit Clock ticks
28 May 2019 - The European Parliamentary Election 2019
4 April – Queen’s Consent
31 March – The week ahead – Further indicative votes
29 March – the Withdrawal Agreement returns
28 March - Parliament 27 March
27 March - Brexit Indicative Votes
26 March - House of Commons Monday 25 March
25 March - Brexit: Statutory Instruments
22 March - European Council and what might come next
20 March - Brexit - Article 50 extension requested
19 March - Brexit: Meaningful Votes - Article 50 extension
15 March - Brexit votes 12-14 March
14 March - Brexit debates 13 and 14 March
12 March - Brexit Debate and Vote ~ 12 March 2019
12 March - Brexit "Meaningful Vote" 12 March 2019
8 March - Questions to the Law Officers
5 March - 24 days to Brexit - A brief roundup
27 February - Brexit - House of Commons 26 and 27 February
22 February - Brexit-related litigation - update
12 February - Brexit Library ~ Key materials
28/29 January - House of Commons - Brexit debate - updated post
24 January - Prorogation of Parliament
22 January - Brexit - PM Statement 21 January
16 January - That this House has no confidence in HM Government
15 January - Brexit - the meaningful vote - 15 January 2019
14 January - Those "reassurances" sought by the Prime Minister
10 January - Shenanigans in the Commons as the 'meaningful vote' comes closer
9 January - Brexit - Government loses vote on Finance (No.3) Bill
: Pre-2019 posts and materials :
Latest first ....