This arose in the case of Joesph Karumba Wangige [2020] EWCA Crime 1319 - Davis LJ, Lavender and Pepperall JJ.
On the night of 26 November 2016, Mr Wangige was driving his Vauxhall Astra and he ran into Mr Russell Lee (32) who was crossing the road. Wangige did not stop. Mr Lee suffered serious injuries from he died on 30 November 2016.
A Collision report was prepared
The Health Protection (Coronavirus, Local COVID-19 Alert Level) (Medium, High and Very High) (England) (Amendment) Regulations 2020 - SI 2020/1154.
Legislation for the 3 levels of alert:
and see previous post of 13 October 2020.
A very helpful website is Kings Chambers - Living in Tier 3: Useful links and guidance for individuals and families and Useful links for business and The Latest Covid Regulations Practical Guidance
Financial support and political rancour:
Lord Judge, a former Lord Chief Justice of England and Wales, moved a motion of regret that - "this House regrets that Part 5 of the bill contains provisions which, if enacted, would undermine the rule of law and damage the reputation of the United Kingdom.” The Bill was read a second time (395 votes to 169) with Lord Judge's motion approved. Lord Judge's speech,
With UPDATES 19, 20 and 22 October
On 16 October, the Prime Minister issued a statement on the UK-EU negotiations and poured cold water on any remaining optimism about the future UK-EU relationship even though, strictly-speaking, a possibility of a trade deal may still exist.
This followed the outcome of the 15 October EU Council meeting held in Brussels - see previous post of 16 October.
It is worth recalling the 2019 withdrawal agreement and the political declaration.
The Withdrawal Agreement recognised the need for both the UK and the EU to take all necessary steps to negotiate 'one or several agreements' governing their future relationship with a view to ensuring that, to the extent possible, those agreements apply from the end of the transition period.'
In what seems like the now largely forgotten political declaration
Difficulties remain over the ‘level playing
field', governance, and fisheries.(Please see the end of this post for links relating to these topics).
Council noted that the transition period will end on 31 October and expressed concern that progress on "key issues of interest to the Union is still not sufficient for an agreement to be reached."
Nonetheless, Council reaffirmed the EU's determination to have a "close as possible" partnership with the UK on the basis of negotiating directives of 25 February 2020. The Chief Negotiator (Mr Michel Barnier) wil, continue negotiations "in the coming weeks" and Council called on the UK to "make the necessary moves to make an agreement possible."
As regards the Internal Market Bill
The new Regulations were "made" by the Minister (Mr Hancock MP) on 12 October 2020 and are -
The Medium Regulations - (Tier 1 restrictions) - apply
In an online speech to the Conservative Party Conference, Johnson said - "We’re ..... protecting the public by changing the law to stop the early release of serious sexual and violent offenders and stopping the whole criminal justice system from being hamstrung by what the home secretary would doubtless – and rightly – call the lefty human rights lawyers, and other do-gooders.”
Johnson's reference to the Home Secretary
Gillian Keegan, minister for skills and apprenticeships, said the country was in an "unbelievably serious situation".
That report was published by the BBC on 9 October 2020. The background to the report is government data showing a significant increase in infections - 17540 new cases on 8 October - and rising numbers requiring hospital treatment.
The BBC further reports that a 3-tier system
The Labour Party's position was to abstain because the party supports putting undercover activities on a statutory footing but 20 Labour MPs voted against the Bill. Labour is calling for additional safeguards in the Bill. The Guardian 6 October and Labour List 5 October.
Opening the Second Reading debate, the Minister (Mr James Brokenshire MP) set out the purpose of the Bill - "... the Bill deals with participation in criminal conduct by covert human intelligence sources - so-called CHIS. These are agents, or undercover officers, who help to secure prosecutions and disruptions by infiltrating criminal and terrorist groups."
In reality, it is not merely
This post considers the controversial Overseas Operations (Service Personnel and Veterans) Bill but first a note about the Independent Review of Administrative Law (IRAL).
The Independent Review of Administrative Law (IRAL) - post 4 August 2020 - issued a call for evidence “on how well or effectively judicial
review balances the legitimate interest in citizens being able to
challenge the lawfulness of executive action with the role of the
executive in carrying on the business of government, both locally and
centrally”.
The IRAL panel is chaired by former minister Lord Faulks QC and includes academics and leading administrative law barristers.
The call for evidence, which can be viewed here, commenced on 7 September and is running until midday on 19 October 2020.
The IRAL was enivisaged by the 2019 Conservative Party manifesto (Page 48) which also contained this statement (page 52) -
Lord Frost - Statement 2 October 2020
Michel Barnier - Statement 2 October 2020
Prime Minister and EU Commission president Ursula von der Leyen will speak in a video call later - BBC News 3 October 2020
It remains to be seen whether agreement can be reached. Only 89 days now remain to the end of the transition period which, let it be remembered, could have been extended had the UK government so requested.
The United Kingdom Internal Market Bill passed the House of Commons and received first reading in the House of Lords on 30 September. The Bill continues
"As for democratic process, this Act has done untold damage. Its very existence normalises the concentration of extraordinary power in the hands of the government and the police. It sends a signal to authoritarian regimes the world over – when people think extraordinary times call for extraordinary measures, take full advantage. This week’s vote could not have more riding on it."
There is no doubt that some provisions of the Coronavirus Act 2020 give rise to major libertarian concerns. A notable example is Schedule 21 - Powers relating to potentially infectious persons. (For more detail on Schedule 21 see this previous post of 2 April 2020).
The Coronavirus Bill
Lord Kerr's departure from the judiciary is also notable because he was the last appointment as a Lord of Appeal in Ordinary - the "Law Lords" who, until October 2009, sat in the former Appellate Committee of the House of Lords.
Lord Kerr was called to the Bar of Northern Ireland in 1970 and to the Bar of England and Wales in 1974. He was appointed Queen's Counsel in 1983 and to the High Court of Northern Ireland in 1993. He became Lord Chief Justice of Northern Ireland in 2004.
Part of the problem here is that, at the time Johnson spoke on 29 September, the new Regulations were not in the public domain. The new regulations appear as an amendment to existing regulations applicable to NE England.
They amendments were "made" by the Minister on 29 September and contain a statement that they were laid before
The legality of the University's action was questioned with comment that, in the absence of statutory authority, the students might have been "falsely imprisoned" - see Evening Standard 28 September.
False imprisonment
By mid-August the "lockdown" had eased with cafes and pubs trading again. Customers returned to local shops and, in early September, schools and Universities resumed. The late summer weather continued to be generally warm and sunny enabling people to enjoy life outdoors whenever possible. Of course, even in August, the pandemic was far from over and caution continued to be vital to minimise the spread of the virus.
Unfortunately, but perhaps unsurprisingly, the rate of infection
He stated - "I have endeavoured to identify a respectable argument for the provisions at clauses 42 to 45 of the Bill but it is clear that this will not meet your policy intentions." He concluded by saying - "Your government faces challenges on a number of fronts and I fear that the UKIM Bill in its present form will not make these any easier."
During the House of Commons debate of 8 September, Sir Robert Neill QC MP
The UK Internal Market Bill passed its Second Reading in the House of Commons on Monday 14 September. The vote was 340 to 263 (majority 77). 30 Conservative MPs abstained and two voted against the bill. See Hansard for the full debate. The House has therefore affirmed the bill in principle - (Erskine May para. 28.45). The next stage is Committee of the Whole House - UK Parliament UK Internal Market Bill and a number of amendments to the Bill have been tabled.
The Internal Market Bill contains a number of provisions (Clauses 42 to 45) which, if they become law and are actually applied, will place the UK in breach of the withdrawal agreement. Furthermore, it is arguable that the Bill itself is a breach of certain of the UK's obligations under the withdrawal agreement - for example, Article 5 (Good Faith) which requires the parties to refrain from "any measures which could jeopardise the attainment of the objectives of" the Agreement.
This is not the only bone of contention in the Bill. Described in some quarters as "an abomination" the Bill will undoubtedly impact on the devolution settlements as is well explained in these links:
Information for Government - Explainer - Internal Market Bill
Centre on Constitutional Change - The Internal Market Bill: implications for devolution
House of Commons Library Research Briefings - UK Internal Market Bill
The government claims that the Bill will "boost" the Scottish economy but that claim is refuted by the Scottish Government which plans to refuse legislative consent to the Internal Market Bill.
Like so much to do with Brexit - which a majority of Scotland's electorate opposed - the Bill is feeding demands for Scottish Independence. The Welsh Government described the Bill as an attack on democracy. Welsh voters supported Brexit.
12 September 2020
