Government announces Digital Identity Card scheme

Leaving aside World Wars, the United Kingdom avoided Identity Cards until the enactment of the Identity Cards Act 2006. This spawned numerous statutory Regulations and the cost to public finances was enormous - (in excess of £250 m). Worse still, the cards did not achieve very much.

The Identity Documents Act 2010 repealed the 2006 Act and information held on a National Identity register was destroyed.

The UK's considerable immigration issue was not solved by the previous Conservative Governments (over 14 years) despite the enactment of voluminous legislation.

The Labour government (elected in 2024) is now in the throes of trying to stop irregular immigration such as "small boats" crossing the English Channel. Hence, the recent UK-France Treaty - (ratified 4 August 2025) and the Border Security, Asylum and Immigration Bill currently at Committee Stage in the House of Lords. 

The latest idea from government is to go back to Identity Cards which, it is claimed, are necessary to prevent illegal working (previous post) and, at least, stem irregular immigration. As ever with government projects, it is likely that the financial costs will be huge.

 

 An important point is that asylum seekers are

Public processions and assemblies - Public Order Act 1986 / Articles 10 and 11 ECHR

Recent days have seen a considerable number of protests about matters such Palestine Action (a body now proscribed under Terrorism legislation), Recognition of Palestine as a State, and the housing of immigrants in hotels such as The Bell Hotel, Epping (previous post). On 13 September, a march took place in London organised by activist Stephen Yaxley-Lennon (aka Tommy Robinson) and that was met by counter-protesters.

Part II of the Public Order Act 1986 imposes a requirement for advance notice to be given to the Police of 'public processions.'  A public procession is defined by the legislation, in a circular way, as ' a procession in a public place' (section 16). The general requirement is that the organisers of public processions have to give notice to the Police 'not less than 6 clear days before the date when the procession is intended to be held' - section 11(5).

 

The legislation allows the Police

Communications offences - a brief note

Modern English criminal law has a considerable number of statutory "Communications" offences.

• Malicious Communications Act 1988 section 1 - Offence of sending letters etc. with intent to cause distress or anxiety.

• Communications Act 2003 section 127 - Improper use of public electronic communications network.

• Online Safety Act 2023 Part 10 - this contains several offences relating to communications. 

 

Earlier this week

Public Office (Accountability) Bill - introduced to Parliament 16 September 2025

The Public Office (Accountability) Bill is now before Parliament. It is a Bill 'to impose a duty on public authorities and public officials to act with candour, transparency and frankness; to make provision for the enforcement of that duty in their dealings with inquiries and investigations; to require public authorities to promote and take steps to maintain ethical conduct within all parts of the authority; to create an offence in relation to public authorities and public officials who mislead the public; to create further offences in relation to the misconduct of persons who hold public office and to abolish the common law offence of misconduct in public office; to make provision enabling persons to participate at inquiries and investigations where the conduct of public authorities may be in issue; and for connected purposes.' 

The Bill (as introduced) - Public Office (Accountability) Bill and Explanatory Notes

 

Although it is a relatively short Bill

The House of Lords and the Hereditary Peers

As is well-known, the United Kingdom Parliament is "bicameral" (comprising two Houses) - the (unelected) House of Lords and the (elected) House of Commons. The House of Lords is made up of a number of hereditary peers (i.e. those entitled to attend by birth), the two Church of England Archbishops and a number of Bishops, and Life Peers. The latter are appointed, technically by the Crown, on the recommendation of the Prime Minister. In practice, this amounts to a Prime Ministerial power of appointment and its use has been controversial particularly in some recent cases. 

 

A major criticism of the House of Lords is the size of its membership - currently 851 - see the Dashboard.

The Labour Party's 2024 manifesto made it clear that 

Parliamentary committees - Notes for Students

Major debates in Parliament frequently attract significant media attention and, almost every week, Prime Minister's Questions (PMQs) in the House of Commons is analysed in detail by numerous commentators. 

In practice, the work of Parliament is much more extensive and many important matters are examined by Select Committees.

"Select Committees" operate in both House of Parliament - Select Committees 

They check and report on numerous areas and, in particular, the work of government departments.

 

The current list

Grooming Gangs - The Inquiry - What has been done so far?

With additions .....

On 2 September 2025, Jess Phillips MP (Parliamentary Under-Secretary of State, Home Office) updated the House of Commons on the progress being made to deliver Baroness Casey’s recommendations following her national audit on group-based child sexual exploitation and abuse, which was published before the summer recess. 

Statement - House of Commons - 2 September 2025 

Baroness Casey - Report of the National Audit on Group-based Child Sexual Exploitation and Abuse (197 pages).

 

Recommendation 2 of Casey's report stated

Parliament - a point on the scrutiny of Ministers

Back in November 2023, former Prime Minister David Cameron returned to government as Secretary of State for Foreign, Commonwealth and Development Affairs. He did not have a seat in Parliament and so he was created Baron Cameron of Chipping Norton, enabling him to sit in the (unelected) House of Lords.

A previous post looked at that particular situation - post 14 November 2023

 

Under the UK's constitutional arrangements, Cameron's appointment was entirely lawful BUT it raised the question of how elected MPs in the House of Commons could scrutinise his work. This was of concern

Another Secretary of State for Justice and Lord Chancellor + a note on Angela Rayner MP leaving government

Since May 2010, 12 individuals have held the post of Secretary of State for Justice and Lord Chancellor. Here is the list.  (Dominic Raab held the post twice).

The most recent change occurred on 5 September following the resignation from government of Angela Rayner MP (who was Deputy Prime Minister). Rayner's departure spurred the Prime Minister (Sir Keir Starmer) into a major 'reshuffle' of ministerial posts. One of the moves was to appoint David Lammy MP as Deputy Prime Minister and to move the Justice Secretary (Shabana Mahmood MP) to the Home Office.

Ever since the Constitutional Reform Act 2005 section 2, the Lord Chancellor need not have legal qualifications but that is not the case with either Mahmood or Lammy.

 

Shabana Mahmood studied law at

Reform of the ancient double jeopardy rule

Historically, English criminal law stood against repeated retrials of alleged offenders - the double jeopardy rule. Hence, if a defendant (D) was either acquitted or convicted of an offence he could not be tried again for that offence. 

It was a rule that prevented persecution of individuals but was also capable of producing distressing results especially in cases where there was new evidence justifying a retrial.

 

Reform to the double jeopardy rule came with Part 10 of the Criminal Justice Act 2003 (the 2003 Act). This permits retrials but only in respect of a number of qualifying offences, where new and compelling evidence has come to light. 

The list

Sentencing Bill 2025

Here is the Sentencing Bill introduced to the House of Commons by the government on 2 September 2025.

The text of the Bill (as introduced) is HERE. 

Explanatory Notes are also published - HERE.  

 

This Bill makes sentencing reforms in line with the recommendations made by the Independent Sentencing Review (ISR) in May 2025. 

Clause 19

Handling the backlog of immigration / asylum appeals ~ independent professional adjudicators?

Concern within government over immigration cases is driving change to the handling of asylum appeals, currently dealt with by the tribunal system. Ministers plainly wish to speed up the legal process and, presumably, achieve earlier deportation of those whose claims are rejected. Fuller details of the government's plans will be announced in the autumn. Meanwhile, it is worth noting some of the early expressions of concern. First, let's briefly look at the existing tribunal system.

 

The system of Courts and Tribunals in England and Wales is well-described by the Incorporated Council of Law Reporting for England and Wales (ICLR) - The Courts and Tribunals of England and Wales. 

First-tier Tribunal