Swearing in of MPs

It is a long standing legal requirement that Members of Parliament (House of Lords and House of Commons) are required to pledge allegiance to Her Majesty The Queen.

Based on their opposition to British Sovereignty over Northern Ireland, Sinn Féin representatives have traditionally refused to take their seats in the House of Commons.  It follows that they refuse to pledge allegiance to the Queen.  The consequence is that they may not participate in proceedings in Parliament - e.g. debates, voting, committees etc.   They are permitted to use office accommodation and to claim MP's expenses - Sinn Féin, Allowances and Access to Commons Facilities - 2006.

Monday 12th June - New Lord Chancellor and other matters

The Prime Minister is forming her government and the appointments may be seen via the No. 10 Downing Street website.

Lord Chancellor and Secretary of State for Justice:

Rt Hon David Lidington MP becomes Lord Chancellor and Secretary of State for Justice.  His appointment has been welcomed in some quarters (Law Society, Bar Council) but, for my part, I will wait to see how he performs. There is much to be done in relation to the prison system.  There are also serious issues concerning the reduction of legal aid which took place following the Legal Aid, Sentencing and Punishment of Offenders Act 2011 (LASPO).  Then there is the major programme of modernisation of the court system.  A Prisons and Courts Bill

Sunday roundup

Baby Charlie Gard:

The Supreme Court has rejected an application for appeal in the terribly sad and distressing case of Baby Charlie Gard.  The application hearing in the Supreme Court may be heard HERE.   See also the Court of Appeal (Civil Division) judgment and the judgment of Mr Justice Francis in the High Court.

The case is now before the European Court of Human Rights with a view to that court hearing the parent's application - BBC News 9th June

General Election June 2017 - the immediate outcome

Updated 10th June:

The General Election held on 8th June 2017 produced what is referred to as a "Hung Parliament" - that is, one in which there is no political party in the House of Commons with an outright majority over all other parties.  The outcome was that the Conservative and Unionist Party won the most seats in the Commons.  The result may be seen at BBC - Election 2017.  The 5 parties with the most seats were:

Conservatives - 318 seats (loss of 12) - 42.4% Vote share

Labour - 261 seats (gain of 29) - 40.0% vote share

Reflections on Theresa May's human rights comments

Speaking to voters in Slough on Tuesday 6th June, the Prime Minister (Mrs Theresa May) said that she will make it easier to deport foreign terror suspects back “to their own countries” and would “restrict the freedom and movements of terrorist suspects” if re-elected on 8 June - The Independent 7th June 2017.  Mrs May referred to changing laws if they impeded efforts to fight the increasingly “complex” terror threat.  It was essential to ensure that the Police and Security services have the powers they need as the threat changes, evolves and become more complex.  Mrs May went on to say: “I mean longer prison sentences for people convicted of terrorist offences. I mean making it easier for the authorities to deport foreign terrorist suspects back to their own countries. And I mean doing more to restrict the freedom and the movements of terrorist suspects when we have enough evidence to know they are a threat, but not enough evidence to prosecute them in full in court.  And if our human rights laws stop us from doing it, we will change the laws so we can do it."

Responding to terrorist attacks

Terrorist crimes in Manchester (May 2017) and London (June 2017) prompted the Prime Minister to make this statement in which Mrs May said: "We cannot and must not pretend that things can continue as they are. Things need to change, and they need to change in 4 important ways."

1.  The attacks were 'bound together by the single, evil ideology of Islamist extremism that preaches hatred, sows division, and promotes sectarianism. It is an ideology that claims our Western values of freedom, democracy and human rights are incompatible with the religion of Islam. It is an ideology that is a perversion of Islam and a perversion of the truth.

Defeating

Sentencing - new guidelines

The Sentencing Council has issued new Guidelines for cases where there is a guilty plea.  One guideline applies regardless of the date of the offence to all individual offenders aged 18 and older and to organisations in cases where the first hearing is on or after 1 June 2017. The guideline applies equally in magistrates’ courts and the Crown Court.

Reduction in sentence for a guilty plea: Definitive guideline

New guidelines are also in force for sentencing of children and young people where sentencing takes place on or after 1st June 2017, regardless of the date of the offence.

Sentencing children and young people