Friday, 31 December 2021

The government's consultation on Human Rights Act ~ (4) ~ Reform Proposals


On 14 December, the government published the report of the Independent Review of the Human Rights Act 1998 and also published a consultation containing the government's proposals for change. The consultation is open for responses until 8 March 2022.

Commons Statement 14 December 2021 - Human Rights Legislation - Hansard - UK Parliament

Independent Review of Human Rights Act 1998 - report - (580 pages pdf)

Human Rights Act Reform: A Modern Bill of Rights - GOV.UK (www.gov.uk) - with link to consultation document (123 pages pdf)

This post looks at Chapter 4 of the government's consultation - the Reform Proposals. There is a lot in it and what follows is, of necessity, an overview. Several of the topics covered would merit considerably greater analysis - e.g. the proposals on Freedom of Expression.

Even an initial reading of Chapter 4 shows that the proposals go far beyond what the Independent Panel considered to be required and, in some instances, the proposed reforms were not referred to or discussed by the Independent Review. 

Chapter 4 is lengthy and results in 29 Questions to which any organisation or individual may respond either in full or in part.

* The basic plan *

This is to be found at paras 182 to 188. 

Wednesday, 29 December 2021

The government's consultation on Human Rights Act ~ (3)


 On 14 December, the government published the report of the Independent Review of the Human Rights Act 1998 and also published a consultation containing the government's proposals for change. The consultation is open for responses until 8 March 2022.

Commons Statement 14 December 2021 - Human Rights Legislation - Hansard - UK Parliament

Independent Review of Human Rights Act 1998 - report - (580 pages pdf)

Human Rights Act Reform: A Modern Bill of Rights - GOV.UK (www.gov.uk) - with link to consultation document (123 pages pdf)

This post looks at Chapter 3 of the government's consultation - The Case for Reforming UK human rights law.

A further post will be required to consider the government's actual proposals which are set out in Chapter 4 of the consultation.

* The government's case *

Chapter 3 begins

Tuesday, 28 December 2021

The Government's consultation on Human Rights Act ~ (2)



On 14 December, the government published the report of the Independent Review of the Human Rights Act 1998 and also published a consultation containing the government's proposals for change. The consultation is open for responses until 8 March 2022.

Commons Statement 14 December 2021 - Human Rights Legislation - Hansard - UK Parliament

Independent Review of Human Rights Act 1998 - report - (580 pages pdf)

Human Rights Act Reform: A Modern Bill of Rights - GOV.UK (www.gov.uk) - with link to consultation document (123 pages pdf)

The consultation:

Chapter 1 The Legacy of Rights in the UK - Chapter 1 starts with

Sunday, 26 December 2021

The Government's consultation on Human Rights Act ~ (1)

On 14 December, the government published the report of the Independent Review of the Human Rights Act 1998 and also published a consultation containing the government's proposals for change. The consultation is open for responses until 8 March 2022.

Commons Statement 14 December 2021 - Human Rights Legislation - Hansard - UK Parliament

Human Rights Act Reform: A Modern Bill of Rights - GOV.UK (www.gov.uk) - with link to consultation document (123 pages pdf)

The Independent Review:

Independent Review of Human Rights Act 1998 - report - (580 pages pdf). The review was

Friday, 24 December 2021

Christmas 2021

 

*** Wishing you all the happiness possible at Christmas and for New Year 2022 ***

The little picture illustrates a man and his faithful dog walking home on a snowy Christmas Eve. The holly leaves depict the famous carol - The Holly and the Ivy - and the red berries suggest the Twelve Days of Christmas.

May Christmas bring you joy, peace and happiness. Here is the beauty of "Away in a Manger" played in an excellent arrangement by the famous Black Dyke Band - Away in a Manger (arr. Peter Graham) and a cheerful, lively arrangement of the old English melody Gaudete.


----- ooooooo -----

Independent Review of the Human Rights Act 1998 ~ Post 5

 


This post is the fifth in my look at the Independent Review of the Human Rights Act 1998. 

The review was commissioned by the Secretary of State for Justice (then Robert Buckland QC MP) on 7 December 2020 and was conducted by a panel of 8 including the Chair - former Lord Justice of Appeal, Sir Peter Gross. Their report - finally revealed by the Secretary of State for Justice (now Dominic Raab MP) on 14 December 2021 - extends to 580 pages.

Independent Review of Human Rights Act 1998 - report - (580 pages pdf)

This post looks at Chapter 6 (Designated derogation orders made under section 14 of the Human Rights Act 1998) and Chapter 8 (Extra-territorial and Temporal Scope). 

Thursday, 23 December 2021

Independent Review of the Human Rights Act 1998 ~ Post 4


This post is the fourth in my look at the Independent Review of the Human Rights Act 1998. 

The review was commissioned by the Secretary of State for Justice (then Robert Buckland QC MP) on 7 December 2020 and was conducted by a panel of 8 including the Chair - former Lord Justice of Appeal, Sir Peter Gross. Their report - finally revealed by the Secretary of State for Justice (now Dominic Raab MP) on 14 December 2021 - extends to 580 pages.

Independent Review of Human Rights Act 1998 - report - (580 pages pdf)

This post looks at Chapter 9 of the report - Remedial Orders. This appears to logically follow on from consideration of the topics in Post 3 - (i.e. Sections 3 and 4 of the Human Rights Act 1998 ).

This post then looks at Chapter 7 of the report - Subordinate Legislation.

Wednesday, 22 December 2021

Indepdendent Review of the Human Rights Act 1998 ~ Post 3


This post is the third in my look at the Independent Review of the Human Rights Act 1998. 

The review was commissioned by the Secretary of State for Justice (then Robert Buckland QC MP) on 7 December 2020 and was conducted by a panel of 8 including the Chair - former Lord Justice of Appeal, Sir Peter Gross. Their report - finally revealed by the Secretary of State for Justice (now Dominic Raab MP) on 14 December 2021 - extends to 580 pages.

Independent Review of Human Rights Act 1998 - report - (580 pages pdf)

The post is an overview of Chapter 5 of the report - Sections 3 and 4 of the Human Rights Act 1998 

Tuesday, 21 December 2021

Independent Review of the Human Rights Act 1998 ~ Post 2

This post is the second in my look at the Independent Review of the Human Rights Act 1998. 

The review was commissioned by the Secretary of State for Justice (then Robert Buckland QC MP) on 7 December 2020 and was conducted by a panel of 8 including the Chair - former Lord Justice of Appeal, Sir Peter Gross. Their report - finally revealed by the Secretary of State for Justice (now Dominic Raab MP) on 14 December 2021 - extends to 580 pages.

Independent Review of Human Rights Act 1998 - report - (580 pages pdf)

The post is an overview of Chapters 2 to 4 of the report - Chapter 2 Section 2 of the Human Rights Act 1998 - Chapter 3 The Margin of Appreciation - Chapter 4 Judicial Dialogue.

The 3 Chapters offer a particularly informative analysis of these important topics.

Sunday, 19 December 2021

Independent Review of the Human Rights Act 1998 ~ Post 1


This post is the first in my look at the Independent Review of the Human Rights Act 1998. 

The review was commissioned by the Secretary of State for Justice (then Robert Buckland QC MP) on 7 December 2020 and was conducted by a panel of 8 including the Chair - former Lord Justice of Appeal, Sir Peter Gross. Their report - finally revealed by the Secretary of State for Justice (now Dominic Raab MP) on 14 December 2021 - extends to 580 pages.

Independent Review of Human Rights Act 1998 - report - (580 pages pdf)

The review

Wednesday, 15 December 2021

Coronavirus Inquiry - Chair appointed

Baroness Heather Hallett - a former Lady Justice of Appeal - has been appointed Chair of the planned inquiry into the Covid-19 pandemic. 

Here is the Downing Street announcement -

Prime Minister announces Covid-19 Inquiry Chair - GOV.UK (www.gov.uk)

As indicated by the announcement, Terms of Reference will be set in early 2022.

In May 2021 the Prime Minister announced that there would be an inquiry - previous post 12 May 2021.

For a joint report by Parliament's Science and Technology Committee / Health and Social Care Committee please see the previous post of 12 October 2021

Monday, 13 December 2021

Human Rights Act ~ government plans for reform



On 14 December the Secretary of State for Justice (Dominic Raab MP) announced the long-awaited consultation on reform of the Human Rights Act 1998.  Also published was the report of the Independent Review of the Human Rights Act 1998.

Commons Statement - Human Rights Legislation - Hansard - UK Parliament

Human Rights Act Reform: A Modern Bill of Rights - GOV.UK (www.gov.uk) - with link to consultation document (123 pages pdf)

Independent Review of Human Rights Act 1998 - report - (580 pages pdf)

Below the page break is the text of my blogpost of 13 December - i.e. prior to the government's announcement.

Sunday, 12 December 2021

Armed Forces Bill ~ some notes and on-going concerns

The Armed Forces Bill is now in its final stage in Parliament.  This post notes a number of features of the Bill.

The Bill addresses the duration of the Armed Forces Act 2006 (Clause 1); Service Courts - summary hearings and jurisdiction (Clauses 2 to 7); Service in the Armed Forces Clauses 8 to 10); Service Police (Clauses 11 to 12); Sentencing and Rehabilitation (Clauses 13 to 18); Posthumous pardons (Clause 19); Miscellaneous (Clauses 20 to 22) and General (Clauses 23 to 27). There are 6 Schedules.

Armed Forces Bill - Parliamentary Bills - UK Parliament

Clause 1 amends the expiry date of the Armed Forces Act 2006 which sets out the discipline system for the three Armed Forces.  Under the amendment,

Saturday, 4 December 2021

R v Tustin and Hughes ~ Child Safeguarding Practice Reviews ~ Funding and resources


The case of R v Tustin and Hughes concerned the death, on 16 June 2020, of a 6 year old child - Arthur Labinjo-Hughes. The facts of this case are truly horrific and are set out by Mr Justice Wall in his sentencing remarks of Thomas Hughes and Emma Tustin at the Crown Court in Coventry (pictured). The facts need not be repeated here save to note that the judge described the case as 'one of the most distressing and disturbing case with which I have had to deal.'

R -v- Tustin & Hughes sentencing remarks | Courts and Tribunals Judiciary

Arthur's father (Thomas Hughes) was convicted by the jury of manslaughter and was sentenced to imprisonment for 21 years of which he will serve two-thirds before release on licence. He was

Wednesday, 1 December 2021

Limiting freedom to protest - late-in-the-day government amendments to Police, Crime, Sentencing and Courts Bill


The Police, Crime, Sentencing and Courts Bill has recently completed its Committee Stage in the House of Lords.  This is a substantial Bill comprising 13 Parts, 179 clauses, 20 Schedules.  

Bill as amended at Lords Committee stage

At the Committee Stage the government introduced extensive and substantial amendments which had not been considered by the House of Commons and were not on the face of the Bill at the House of Lords Second Reading. 

The government amendments extended to 18 pages and may be seen at pages 68 to 86  of the 9th Marshalled List of amendments under the name of Baroness Williams of Trafford (Minister of State, Home Office).

The amendments are far from being minor changes. They amount