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Menampilkan postingan dari April, 2021

Parliament prorogued until 11 May 2021

Parliament is now prorogued until the State Opening on 11 May 2021. The prorogation marked the end of the 2019-21 Session - UK Parliament's working year comes to a close:2019-21 session ends.The State Opening of Parliament will take place on Tuesday 11 May.The State Opening of Parliament marks the formal start of the parliamentary year and the Queen's Speech sets out the government's agenda for the coming session, outlining proposed policies and legislation. 16 Bills received Royal Assent -Air Traffic Management and Unmanned Aircraft BillAnimal Welfare (Sentencing) BillBotulinum Toxin and Cosmetic Fillers (Children) BillBritish Library Board (Power to Borrow) BillCounter-Terrorism and Sentencing BillDomestic Abuse BillEducation and Training (Welfare of Children) BillEducation (Guidance about Costs of School Uniforms) BillFinancial Services BillFire Safety BillForensic Science Regulator BillNational Security and Investment BillNon-Domestic Rating (Public Lavatories) BillO...

Coronavirus Log - Part 7 - from 13 February 2021

This post is a continuation of the Coronavirus Log.  See Coronavirus Log Part 1 - (December 2019 to 28 April 2020) - Part 2 (29 April 2020 to 24 May 2020) - Part 3 (25 May to 21 June 2020) - Part 4 (22 June to 26 July 2020) - Part 5 (27 July to 1 November - Part 6 (2 November 2020 to 13 February 2021). Position at 13 February 2021:The national "lockdown" imposed on 6 January 2021 continues.As at 13 February there have been 116,827 deaths (within 28 days of first positive test) due to Covid-19. On 12 February a further 15,144 new positive tests were reported. Vaccination (using Pfizer-Biontech or Oxford-AstraZeneca) has continued with 14,012,224 people having received a first dose up to and including 11 February. 13 February - The Guardian - White House has concerns over China role in WHO Covid-19 report  13 February - The Guardian - UK failed to heed the virus alerts, says vaccine creator 14 February - Government data reported that up to 13 February there had been 116,908 dea...

Mesothelioma Patient

There's various options of care for a mesothelioma patient. It is dependant on you what type of care you require to deliver to your loved three. There's a quantity of considerable factors in this case such as your finances, your needs, the patient’s needs & finances & lots of more. It gets very hard to deal with a mesothelioma patient but you require to face the fact that he is no longer going be there for long.Taking care of all the medical issues of a mesothelioma patient is not . It is important to take care of some other factors pertaining to the patient. Care & importance should also be given to his spiritual, emotional & financial well being. There's a quantity of changes that are expected to occur in a mesothelioma patient. Therefore it gets imperative to alter your scope towards him as well. Usually a mesothelioma patient gets frustrated easily & sometimes feels lazy. Another great factor which has a large effect on the mesothelioma patient is th...

UK Supreme Court - Uber BV and others v Aslam and others [2021] UKSC 5

The Queen's Speech in December 2019 envisaged an Employment Bill aimed at protecting and enhancing wokers' rights as the UK left the EU. The Bill would also build on existing employment law with measures to protect those in low-paid work and the gig economy - a labour market characterised by the prevalence of short-term contracts or freelance work, as opposed to permanent jobs. 14 months after the 2019 general election. the promised Bill has yet to presented by the government to Parliament.A Dutch Company - Uber BV - owns the technology behind a smartphone app which linkes those wishing to book a private hire vehicle (PHV) with a driver.  A number of drivers, including Mr Aslam and Mr Farrar, brought a claim in the employment tribunal in order to establish their employment status. Legal proceedings: The claim was heard in 2016 with the tribunal finding that Mr Aslam and Mr Farrar worked under workers' contracts for Uber London Ltd - Tribunal Judgment October 2016In November...

R (Good Law Project and others) v Secretary of State for Health and Social Care [2021] EWHC 346 (Admin)

The government and coronavirus:The actions of the UK government in relation to the Coronavirus pandemic may, one day, be the subject of some form of inquiry and the Prime Minister is on parliamentary record to that effect - Hansard 15 July 2020.  In answer to a question from Sir Edward Davey MP (Kingston and Surbiton), Mr Johnson said - " ... but of course we will seek to learn the lessons of the pandemic in the future, and certainly we will have an independent inquiry into what happened."That answer left open the question of the type of inquiry even if there was perhaps an assumption that it would be an inquiry held under the terms of the Inquiries Act 2005.  Needless to say, such inquiries operate under terms of reference set by the government and are usually lengthy, legalistic, and expensive.  As an example, the Grenfell Tower fire occurred on the night of 14 June 2017. The Grenfell Fire Inquiry was formally set up in August 2017. Phase 1 ran from 21 May 2028 to 12 Dece...

Five risk factor associated with mesothelioma

Exposure to asbestos could have occurred to people who were actually mining asbestos, people who worked in plants that manufactured goods containing asbestos, workers who were installing asbestos-laden materials in buildings, or those who lived or worked in buildings or homes containing asbestos or products made of asbestos. People who were hired to remove asbestos from a building are also at an increased risk of developing mesothelioma. People who worked with asbestos are more likely to create mesothelioma than people who were basically around asbestos materials during their every day life.The number five risk factor associated with mesotheliomais the unprotected exposure to asbestos materials. Most people who have been diagnosed with mesothelioma have knowledge of prior exposure to asbestos, possibly up to 30 or 40 years prior to their diagnosis.Another apparent risk factor for developing mesothelioma is living with a person who has been exposed to asbestos. It is believed that indiv...

Shamima Begum's appeal to UKSC dismissed

The Supreme Court of the UK has handed down judgment in the Shamima Begum case - see judgment dated 26 February 2021 - [2021] UKSC 7. - Lord Reed PSC, Lord Hodge DPSC, Lady Black, Lord Lloyd-Jones and Lord Sales. The judgment is unanimous.The Supreme Court's webpage about the case is HERE and a Press Summary is available.Press summary (PDF)Press summary (HTML version)Earlier court decisions:The main SIAC judgment is Shamima Begum (Preliminary Issue : Substansive) [2020] UKSIAC SC_163_2019, while there is also a brief High Court judgment refusing a linked application for judicial review: [2020] EWHC 74 (Admin).  Commentary: FreeMovement 7 February 2020Court of Appeal (July 2020) - [2020] EWCA Civ 918 - King, Flaux and Singh LJJ.  Commentary: Free Movement 16 July 2020.Previous posts:23 February 2019 - Shamima Begum and the law31 October 2020 - Shamima Begum - a submission by JUSTICE to the Supreme Court 26 February 2021

Shamima Begum loses in the Supreme Court

R (Shamima Begum) v Secretary of State for the Home Department - [2021] UKSC 7 - (26 February 2021). National security - constitutional arrangements:The judgment of the Supreme Court in Shamima Begum's case reminds us (again) of the fact that national security within the UK is very much entrusted to the executive - see the court's judgment at para 56 where Lord Reed cites the speech of Lord Hoffmann in Secretary of State for the Home Department v Rehman [2001] UKHL 47 at para 50.Lord Hoffmann said - "Under the  constitution of the United Kingdom and most other countries, decisions as to whether something is or is not in the interests of national security are not a matter for judicial discretion. They are entrusted to the executive."  Within government, the Prime Minister and the Home Secretary are at the apex of the UK's national security arrangements. The Security Service operates under the authority of the Home Secretary- Security Service Act 1989 section 1. ...

Coronavirus Restrictions England ~ Changes from 8 March 2021

On 22 February the Prime Minister announced a "roadmap" to easing restrictions imposed due to coronavirus - see Statement to House of Commons and Government Roadmap.  11 days later, on 5 March 2021, the government made amendments to the statutory instruments imposing the restrictions. The amendments take effect from 8 March 2021.The latest amendments are in The Health Protection (Coronavirus) (Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (England) (Amendment) Regulations 2021 - (SI: 2021/247). It is explained that the amendments amend the law relating to outdoor recreation. Gatherings related to electoral activities will be possible and, when travelling outside the UK, a requirements is introduced to declare the reason for leaving or being outside the place where a person is living. There are other minor amendments. The Regulations amended are:The Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) Regulations...

Police, Crime, Sentencing and Courts Bill

The government has published the Police. Crime, Sentencing and Courts Bill - see:government announcement 9 March 2021Parliament - the Police, Crime, Sentencing and Courts BillPolice, Crime, Sentencing and Courts Bill 2021: overarching documents  Police, Crime, Sentencing and Courts Bill 2021: factsheetsThe Bill seeks to make provisions about:the police and other emergency workers; collaboration between authorities to prevent and reduce serious violence; offensive weapons homicide reviews; new offences and for the modification of existing offences; the powers of the police and other authorities for the purposes of preventing, detecting, investigating or prosecuting crime or investigating other matters; the maintenance of public order; the removal, storage and disposal of vehicles;driving offences; cautions; bail and remand; sentencing, detention, release, management and rehabilitation of offenders; secure 16 to 19 Academies; procedures before courts and tribunals.The Bill (as ...

Security Service ~ agents who participate in criminality

In March 2011, the Security Service (MI5) issue a document entitled "Guidelines on the Use of Agents who participate in criminality - Official Guidance."  The document was reviewed but not changed in January 2014.  In March 2018, the Prime Minister (Theresa May MP) acknowledged the existence of the policy.Privacy International and others challenged this policy in an action before the Investigatory Powers Tribunal (IPT).  The claimants submitted that the policy was unlawful, both as a matter of domestic public law and also as contrary to Convention Rights (set out in Schedule 1 to the Human Rights Act 1998). In December 2019 the Tribunal gave judgment dismissing the claim. The claimants appealed to the Court of Appeal (Civil Division) which gave judgment on 9 March 2021 - Privacy International and others v Foreign and Commonwealth Secretary and others [2021] EWCA Civ 330 (Davis, Haddon-Cave, Dingemans LJJ). Central to the appeal were the provisions of the Security Service Act ...

Protest and the Police, Crime, Sentencing and Courts Bill (1) ~ Public Nuisance

A previous post sets out links to the Parliament - the Police, Crime, Sentencing and Courts Bill. The Bill covers numerous areas of law and its Second Reading debate will take place in the House of Commons on Monday 15 and Tuesday 16 March 2021. This is the first of two posts looking at Part 3 of the Bill - Public Order.Taken as a whole, the reforms in Part 3 will make further and considerable inroads into the ability of the citizen to protest without actually breaking the law in some way. Parliament - the Police, Crime, Sentencing and Courts Bill General:Part 3 comprises Clauses 54 to 60.Public Nuisance:This post considers Clause 59 - Public Nuisance. It is now almost 6 years since the Law Commission made recommendations about public nuisance - see the report published 25 June 2015.At present, public nuisance is an offence at common law. It has been trundled out on several occasions in recent years in order to bring criminal charges against various protesters. Notable examples are t...

Protest and the Police, Crime, Sentencing and Courts Bill (2) ~ Public Order

This is the second of my posts looking at how the Police, Crime, Sentencing and Courts Bill will alter the law relating to protests. The bill contains considerable extensions to police powers and marks an increasingly authoritarian stance by government toward protest.The following is an overview of the key provisions affecting public order. A previous post looked at how the Bill will alter the law on Public Nuisance - here.Criminal Damage to Memorials:The offence of criminal damage is defined by the Criminal Damage Act 1971. The Magistrates' Courts Act 1980 Schedule 2 deals with "mode of trial" by which the "either-way" offence of criminal damage is to be tried - i.e. whether by summary trial in the Magistrates' Court or on indictment in the Crown Court. Schedule 2 has to be read together with section 22.  The result is that, currently, cases of criminal damage where the damage involved is £5,000 or less are to be tried summarily (unless the damage was cause...

Police, Crime, Sentencing and Courts Bill ~ Sentencing

The Police, Crime, Sentencing and Courts Bill will make important changes to the Sentencing Code (previous post) which came into force as recently as 1 December 2020.The Sentencing Code is actually Parts 2 to 13 of the Sentencing Act 2020.  See also Sentencing Council - Sentencing Code.This post is an overview of (a) amendments to the Sexual Offences Act 2003, (b) Clauses 100-105 which deal with the minimum term in murder and other serious cases and (c) the post notes the bill's provisions for early release of some categories of offenders.The provisions are rather complicated but are likely to be generally welcomed within the population. For example, a future offender such as Hashem Abedi (Manchester Arena bombing) could receive a whole life term even if under age 21 at the time of the offence(s). Under present law, Hashem Abedi, being under age 21, received 22 life sentences each with a minimum term of 55 years. The public is also likely to welcome the fact that some offenders wil...

Police, Crime, Sentencing and Courts Bill ~ Adult Cautions

The law has available to it a number of ways of dealing with offenders which fall short of prosecution in the courts. Cautions are one of the alternatives. Part 6 of the Police, Crime, Sentencing and Courts Bill contains detailed clauses which amount to major amendments to the law about cautions for ADULTS.  The various factsheets which accompany the Bill say very little about this significant reform and it is probable that this aspect of the Bill may receive less parliamentary attention than its importance actually merits.According to Criminal Justice Statistics, in the period October 2018 to September 2019 some 63,700 cautions were issued - mainly for drug offences, criminal damage (including arson).Cautions are often perceived to be a "let off" for the offender. This is in the same vein as saying that the defendant who has received a suspended sentence order has "walked free" from court. This form of tabloid journalism is seriously misleading. In all such cases t...