12 May 2022

UK / EU / Northern Ireland - yet again !

It could never be sensibly claimed that the European Union is a perfect international structure. Often, it is highly bureaucratic with a marked tendency to enact an excess of legislation which, via the European Treaties, can take the form of Regulations or Directives and, as such, bind member States. 

When my country (the UK) was a member, I often wished that the EU would enact fewer "rules" and concentrate on the essentials. I also wished that military matters were kept for the member states and NATO and were not at all within the remit of the EU.

Nonetheless, the EU is a hugely powerful economic entity - Economy (europa.eu) - and in so many other ways it is a force for the better. For me,

11 May 2022

Queen's Speech May 2022

10 May 2022 saw HRH The Prince of Wales deliver the Queen's Speech from the throne in the House of Lords. HM The Queen - aged 96 - was unable to attend.

See the text of the speech - Queen’s Speech 2022 - GOV.UK (www.gov.uk)

Lengthy (140 pages) background briefing notes have been published by the government - Queen's Speech 2022: background briefing notes - GOV.UK (www.gov.uk)

Aspects of this considerable programme

06 May 2022

Magistrates' Courts - increase in sentencing powers

Almost 19 years ago, Parliament enacted Criminal Justice Act 2003 - (as enacted). 

Section 154 began - "A magistrates' court does not have power to impose imprisonment for more than 12 months in respect of any one offence." This was noteworthy because it would have increased the maximum (for either way offences) from 6 months to 12 months BUT section 154 required a commencement order to bring it into force and such an order was never made.

Section 154 was repealed by the Sentencing Act 2020 but section 224 retained the 6 month limit.

The Judicial Review and Courts Act 2022

29 April 2022

The Coronavirus pandemic and care homes ~ High Court


Within the UK coronavirus still results in a considerable number of new cases (112,705 are reported in the period 22 to 28 April). In the same period, 1628 deaths are recorded - that is, deaths within 28 days of a positive covid test. Of course, not all such recorded deaths will be have been caused by covid. For the time being, the government continues to publish data -

UK Summary | Coronavirus (COVID-19) in the UK (data.gov.uk) 

During the early stages of the pandemic, the government decided that protecting the NHS from being overwhelmed was a priority. I do not criticise or comment further on that policy save to note that, as a consequence of the policy, the government commissioned the building of a number of "Nightingale Hospitals" and also developed a policy of discharging elderly patients from NHS hospitals to care homes.

Regarding discharges

17 April 2022

UK and Rwanda ~ "mechanism" to relocate asylum seekers

Section 77 of the Nationality, Immigration and Asylum Act 2002 states that a person cannot be removed from or required to leave the United Kingdom in accordance with a provision of the Immigration Acts while their asylum claim is pending. 

The government's Nationality and Borders Bill - ( now almost through Parliament) - seeks to change the law so that such removal is legally possible. Even at this very late stage, the House of Lords still has opportunity to oppose this change.

The government argues that it is appropriate to remove an asylum seeker to a "a safe third country while their claim for asylum is pending." To that end, on 13 April 2022, the Home Secretary (Priti Patel MP) signed a "Memorandum of Understanding" (MoU) with the government of Rwanda (represented by Vincent Biruta - Minister for Foreign Affairs and International Co-operation). The document may be read HERE.

The objectives of the MoU

13 April 2022

Johnson and Sunak got fixed penalty notices over lockdown gatherings

One of the BBC News headlines is "Boris Johnson and Rishi Sunak reject calls to resign over lockdown fines. - Boris Johnson and Rishi Sunak reject calls to resign over lockdown fines - BBC News

There may be more to come given that further gatherings held at Downing Street continue to be the subject of police investigation to ascertain whether individuals may have been in breach of legislation "made" by Ministers, and eventually approved by Parliament, which placed restrictions on "gatherings".

The whole point of the regulations was, of course, to try to limit the spread of coronavirus which, at the time, was often causing severe illness and, in many cases, death. Boris Johnson spent time in hospital due to the virus. (Vaccines began to be approved in late 2020). 

The draconian nature of the regulations seems to be now fading from the public memory. Many businesses had to close. Many activities were curtailed. Even funerals were subjected to limits on the number of persons permitted to attend. Meanwhile, senior politicians and others attended what were clearly social and not work gatherings in Downing Street.

The Metropolitan Police, like most

07 April 2022

Divorce, Dissolution and Separation - 2020 Act now in force

Divorce is undoubtedly a miserable experience and has been made all the worse by legal requirements to either wait for a long period or to point the finger of blame. Calls for reform have been made for many years.

From 6 April 2022, the Divorce, Dissolution and Separation Act 2020 (legislation.gov.uk) is fully in force - (see Commencement Regulations - SI: 2022/283).

Explanatory Notes accompany the 2020 Act (but are not part of the Act). See also the Ministry of Justice announcement.

The 2020 Act removes the need for couples to either

Attorney-General - The Harry Street Lecture at Manchester University

  The Attorney-General Lord Hermer KC delivered the Harry Street Lecture at Manchester University. The text has been published - HERE . He o...