Download or read book Terrorism Act 2000 Remedial Order 2011 written by Great Britain: Parliament: Joint Committee on Human Rights and published by The Stationery Office. This book was released on 2011-06-15 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Terrorism Act 2000 (Remedial) Order 2011, an urgent remedial order concerning exceptional counter-terrorism powers to stop and search without reasonable suspicion was made by the Home Secretary on 17 March 2011 and came into force on 18 March 2011. The purpose of the Order is to remove the incompatibility of the current statutory powers to stop and search without reasonable suspicion (in sections 44 to 46 of the Terrorism Act 2000) with the right to respect the private life in Article 8 of the European Convention on Human Rights ("ECHR"). The Joint Committee on Human Rights accepts the necessity of introducing a replacement stop and search power and agree with the Government there are compelling reasons for using the remedial order procedure. It does provide for much greater parliamentary scrutiny, but the Committee does recommend that the Government provides more detailed evidence of the sorts of circumstances in which the police have experienced the existence of an operational gap in the absence of a power to stop and search. Without such detailed scrutiny it is difficult for the Committee to reach a view as to the appropriateness of proceeding by urgent remedial order. The Committee also recommends that the Order be replaced with a new Order modifying the provisions and removing the incompatibility identified by the ECHR.
Download or read book HL 49 HC 746 Legislative Scrutiny 1 Serious Crime Bill 2 Criminal Justice and Courts Bill Second Report and 3 Armed Forces Service Complaints and Financial Assistance Bill written by The Stationery Office and published by The Stationery Office. This book was released on 2014 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recommends amendments to the Health and Social Care Bill to ensure that private (or voluntary) sector care homes which accommodate publicly-funded residents are brought within the scope of the Human Rights Act. House of Commons papers 303 2007-08.
Download or read book HL 189 HC 1293 Legislative Scrutiny 1 Criminal Justice and Courts Bill and 2 Deregulation Bill written by Great Britain: Parliament: Joint Committee on Human Rights and published by The Stationery Office. This book was released on 2014-06-11 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Joint Committee on Human Rights welcomes the provision in the Criminal Courts and Justice Bill, carried over from the last Session of this Parliament, which extends the current offence of possession of extreme pornography to include possession of pornographic images depicting rape and other non-consensual sexual penetration. The Committee considers this provision to be human rights enhancing, given the evidence of cultural harm done by such pornography, and acknowledges the strong justification provided for this proportionate restriction on individual rights. However, some of the provisions of the Bill cause concern. The Committee is disappointed that the Government has not examined the provisions of the Bill against all the relevant international standards relating to the rights of children. It urges the Government to provide further information in relation to SEN provision in secure colleges; and recommends that the Bill be amended to make explicit that secure college rules can only authorise the use of reasonable force on children as a last resort. The Committee also reports on the Deregulation Bill. It expresses its concern that application of the economic growth duty in that Bill to the Equality and Human Rights Commission (EHRC) risks the possibility of that body's UN accredited 'A' status being downgraded and could put the UK in breach of its obligations under EU equality law. It recommends that this duty not be applied to the EHRC unless that body is satisfied that it can be done in a way that will not restrict its independence.
Download or read book House of Lords House of Commons Joint Committee on Human Rights Legislative Scrutiny Immigration Bill Second Report HL142 HC 1120 written by Great Britain: Parliament: Joint Committee on Human Rights and published by The Stationery Office. This book was released on 2014-03-03 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Joint Committee on Human Rights accepts that the measures in the Immigration Bill serve the legitimate aim of immigration control, but is concerned that some of them may be applied in practice in a way which breaches human rights in particular cases. The Committee is particularly concerned about the risk of the new provisions relating to residential tenancies giving rise in practice to homelessness in the case of people who have no right to remain in the UK but face genuine barriers to leaving. The Committee is also concerned to ensure that these measures do not give rise to an undue risk that migrant children will be exposed to homelessness or separation from family members. The provisions in the Bill on access to residential tenancies may heighten the risk of racial discrimination against prospective tenants, notwithstanding the fact that such discrimination is unlawful under the Equality Act. The First Tier Tribunal, not the Secretary of State, should decide whether it is within
Download or read book Implementation of the Right of Disabled People to Independent Living written by Great Britain: Parliament: Joint Committee on Human Rights and published by The Stationery Office. This book was released on 2012-03 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report discusses the implementation of the right of disabled people to independent living in the context of the UN Convention on the Rights of Persons with Disabilities (UNCRPD) which was ratified by the UK in 2009. It draws attention to a number of significant human rights issues, including: the need for freestanding legislation to protect the right to independent living in UK law; the effect of current reforms to benefits and services on the ability of disabled people to enjoy independent living; the role played by the UNCRPD in policy development and decision making at all levels of government; the use of equality impact assessments; the effects of devolution on implementation of the UNCRPD; and hate crime. The right to independent living does not exist as a freestanding right in UK law. Although it is protected and promoted to some extent by a matrix of rights, the Committee believes that this is not enough. It argues that the Government and other interested parties should immediately assess the need for, and feasibility of, legislation to establish independent living as a freestanding right. The Committee finds that reforms to benefits and services risk leaving disabled people without the support they need to live independently. It also finds that the Government had not conducted an assessment of the cumulative impact of current reforms on disabled people. This report urges them do so, and to report on the extent to which these reforms are enabling them and local authorities to comply with their obligations under the UNCRPD
Download or read book The justice and security green paper written by Great Britain: Parliament: Joint Committee on Human Rights and published by The Stationery Office. This book was released on 2012-04-04 with total page 74 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Joint Committee on Human Rights (JCHR) calls for statutory clarification of law on disclosure of national security-sensitive material, but finds no case for more extensive change. The Government has failed to make the case for extending "closed material procedures" to all civil proceedings and to inquests: the Government has not demonstrated that the fairness concern on which it relies to justify the proposal is in fact a real and practical problem. The Committee believes that closed material procedures are inherently unfair and the proposals in the Green Paper are a radical departure from longstanding traditions of open justice and fairness. Nor does it accept that replacing the current law governing disclosure of sensitive material (the law of Public Interest Immunity, or "PII") with closed material procedures is justified. The rule of law requires that decisions about the disclosure of material in legal proceedings be taken by judges not ministers and the current legal framework of PII has not been shown to be inadequate. There is a case, however, for that legal framework to be made clearer in the way in which it applies to national security-sensitive material and the Committee suggests how that could be done by legislation and changes to the Coroners Rules and guidance. The Committee regrets that the Green Paper overlooks the very considerable impact of its proposals on the freedom and ability of the media to report on matters of public interest and concern.
Download or read book House of Lords House Of Commonos Joint Commmittee on Human Rights Legislative Scrutiny Immigration Bill HL 102 HC 935 written by Great Britain: Parliament: Joint Committee on Human Rights and published by The Stationery Office. This book was released on 2013-12-18 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Joint Committee on Human Rights accepts that the measures in the Immigration Bill serve the legitimate aim of immigration control, but is concerned that some of them may be applied in practice in a way which breaches human rights in particular cases. The Committee is particularly concerned about the risk of the new provisions relating to residential tenancies giving rise in practice to homelessness in the case of people who have no right to remain in the UK but face genuine barriers to leaving. The Committee is also concerned to ensure that these measures do not give rise to an undue risk that migrant children will be exposed to homelessness or separation from family members. The provisions in the Bill on access to residential tenancies may heighten the risk of racial discrimination against prospective tenants, notwithstanding the fact that such discrimination is unlawful under the Equality Act. The First Tier Tribunal, not the Secretary of State, should decide whether it is within its jurisdiction to consider a new matter raised on an appeal. In the report, the Committee concludes that the restriction on appeal rights might constitute a serious threat to the practical ability to access the legal system to challenge unlawful immigration and asylum decisions, and to enforce the statutory duty to have regard to the need to safeguard and promote the welfare of children when exercising immigration and asylum functions. The Committee also comments on other aspects of the Bill.
Download or read book House of Lords House of Commons Joint Committee on Human Rights Legislative Scrutiny Offender Rehabilitation Bill HL 80 HC 829 written by Great Britain: Parliament: Joint Committee on Human Rights and published by The Stationery Office. This book was released on 2013-11-18 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report welcomes the Bill's potentially human rights enhancing objectives of taking measures to protect the public from crime, at the same time as focusing on rehabilitation and extending positive support to those vulnerable people who receive short-term prison sentences. However, it remains concerned that insufficient information was provided by the Government (i) to demonstrate the compatibility of the provisions of the Bill with relevant international standards other than the ECHR and (ii) to support its assertion that the proposals have been considered fully in line with the requirements of the Equality Act 2010. The Committee calls on the Government to publish the information which demonstrates this without delay. The Committee welcomes the Government's assurance that private providers of probation services are obliged to act compatibly with human rights law but recommends that there should be statutory provision in the Bill setting out the providers' duties. The Committee calls on the Government to develop clear guidance on the human rights obligations of private probation providers, and to set out how it will monitor the performance of the contracted providers in this regard
Download or read book The Changing Constitution written by Jeffrey L. Jowell and published by Oxford University Press, USA. This book was released on 2011-07-14 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays by leading experts in British constitutional law covers the main areas of recent reform and anticipates further developments. These are considered against a background of general principles, including constitutionalism, parliamentary sovereignty, membership of the EU, and globalisation.
Download or read book House of Lords House of Commons Joint Committee on Human Rights The Implications for Access to Justice of the Government s Proposals to Reform Legal Aid HL 100 HC 766 written by Great Britain: Parliament: Joint Committee on Human Rights and published by The Stationery Office. This book was released on 2013-12-13 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: The report The Implications For Access To Justice Of The Government's Proposals To Reform Legal Aid (HL100, HC 766) concludes that the government should reconsider its proposals for the reform of legal aid. The government has so far made welcome exemptions to its proposed residence test in the light of responses to its consultation, but the Committee is still not satisfied that the proposed test will not affect vulnerable groups. While accepting that it is legitimate for the government to introduce a residence test for civil legal aid and to restrict the scope of prison law funding, the Committee calls for more and broader exemptions from these proposals to avoid breaches of the fundamental right of effective access to justice in individual cases. The exceptional funding framework may not be working as intended and could therefore leave certain groups unable to access legal aid when human rights law requires it. The proposal to remove cases with
Download or read book Anti Terrorism Law and Normalising Northern Ireland written by Jessie Blackbourn and published by Routledge. This book was released on 2014-08-07 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Northern Ireland peace process has been heralded by those involved as a successful example of transformation from a violent conflict to a peaceful society. This book examines the implementation of the Belfast Agreement in Northern Ireland, and evaluates whether its goal to establish a normal, peaceful society has been fully realised. Using the political and legal status of England, Scotland and Wales as a comparison, Jessie Blackbourn evaluates eight aspects of Northern Ireland which the Agreement aimed to normalise: the contested constitutional status of Northern Ireland, the devolution of power, decommissioning, the removal of emergency laws, demilitarisation, police reform, criminal justice reform, and paramilitary prisoners. The book highlights the historical context which gave rise to the need for a programme of normalisation within the Belfast Agreement with respect to these areas and assesses the extent to which that programme of normalisation has been successfully implemented. By evaluating the implementation of the Belfast Agreement, the book demonstrates the difficulties that transitional or post-conflict states face in attempting to wind back extraordinary counter-terrorism policies after periods of violence have been brought to an end. The book will be of great use to students and researchers concerned with the emergence, evolution and repeal of anti-terrorism laws, and anyone interested in the history of the conflict and peace process in Northern Ireland.
Download or read book Protection of Freedoms Act 2012 written by Great Britain and published by The Stationery Office. This book was released on 2012-05-04 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Royal assent, 1 May 2012. An Act to provide for the destruction, retention, use and other regulation of certain evidential material; to impose consent and other requirements in relation to certain processing of biometric information relating to children; to provide for a code of practice about surveillance camera systems and for the appointment and role of the Surveillance Camera Commissioner; to provide for judicial approval in relation to certain authorisations and notices under the Regulation of Investigatory Powers Act 2000; to provide for the repeal or rewriting of powers of entry and associated powers and for codes of practice and other safeguards in relation to such powers; to make provision about vehicles left on land; to amend the maximum detention period for terrorist suspects; to replace certain stop and search powers and to provide for a related code of practice; to make provision about the safeguarding of vulnerable groups and about criminal records including provision for the establishment of the Disclosure and Barring Service and the dissolution of the Independent Safeguarding Authority; to disregard convictions and cautions for certain abolished offences; to make provision about the release and publication of datasets held by public authorities and to make other provision about freedom of information and the Information Commissioner; to make provision about the trafficking of people for exploitation and about stalking; to repeal certain enactments. Explanatory notes have been produced to assist in the understanding of this Act and are available separately (ISBN 9780105609124)
Download or read book Terrorist Profiling and Law Enforcement written by Noel McGuirk and published by Routledge. This book was released on 2021-02-10 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the usefulness of terrorist profiling utilised by law enforcement officers as a pre-emptive means to assist them in the detection, prevention and deterrence of terrorism and/or its preparatory activities. It explores two main themes arising from the phenomenon of terrorist profiling: the lawfulness of terrorist profiling and the utility of profiling. These two themes are explored in three separate parts. Firstly, the book begins by drawing upon human rights concerns arising from the use of terrorist profiling by law enforcement officers. Secondly, an analytical framework capable of making determinations on the usefulness of terrorist profiling. This framework develops a profiling spectrum that ranges from formal and informal manifestations of terrorist profiling that forms the basis for evaluating its usefulness. Finally, the book presents an examination of various manifestations of terrorist profiling by separating the analysis of the ‘construction’ of profiles on the one hand, from their ‘application,’ on the other, so as to be able to identify and examine profiling’s usefulness as a technique to assist law enforcement officers make predictions about likely offender characteristics. This book ultimately concludes that terrorist profiling should only be conducted by undertaking a systematic assessment of the construction of profiles separate from the application of profiles whilst simultaneously taking into account fundamental human rights concerns with the practice of terrorist profiling. The work will be an essential resource for academics, law enforcement officers and lawyers in the disciplines of law, criminology, human rights, criminal justice and policing. As the book engages with terrorist profiling, it will also be of interest to those engaged in the psychology of terrorism.
Download or read book House of Lords House of Commons Joint Committee on Human Rights Legislative Scrutiny Transparency of Lobbying Non Party campaigning and Trade Union Administration Bill HL 61 HC 755 written by Great Britain: Parliament: Joint Committee on Human Rights and published by The Stationery Office. This book was released on 2013-10-18 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: While it accepts that there may be a pressing need to reform non-party campaigning, the report Legislative Scrutiny: Transparency Of Lobbying, Non-party Campaigning And Trade Union Administration Bill (HL 61, HC 755) calls on the Government to pause the passage of the Transparency of Lobbying, Non-party Campaigning and Trade Union Administration Bill to allow for further scrutiny and for further consultation with the Electoral Commission, the Commission on Civil Society and Democratic Engagement and relevant stakeholders. The report recommends that there be more careful consideration of the potential impact on campaigners' rights to free speech and freedom of association. The Committee welcomes the Government improvements made to Part 2 during its passage though the Commons, but suggest that concerns remain. The Joint Committee express concerns regarding: the lack of clarity about the practical effects of the provision in this Part of t
Download or read book Sessional Returns written by Great Britain: Parliament: House of Commons and published by The Stationery Office. This book was released on 2012-09-14 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: On cover and title page: House, committees of the whole House, general committees and select committees
Download or read book House of Lords House Of Commons Joint Committee on Human Rights Legislative Scrutiny Anti Social Behaviour Crime and Policing Bill HL 56 HC 713 written by Great Britain: Parliament: Joint Committee on Human Rights and published by The Stationery Office. This book was released on 2013-10-11 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Joint Committee on Human Rights accepts the need for a counter-terrorism power to stop, question and search travellers at ports and airports without reasonable suspicion, but calls for a reasonable suspicion threshold to be introduced for the more intrusive powers such as detention, searching and copying the contents of personal electronic devices like mobile phones and laptops, and taking biometric samples. The Committee welcomes the improvements made to the powers in Schedule 7 of the Terrorism Act 2000 to stop, question, search and detain at ports, but still considers that a number of significant human rights compatibility concerns remain with those powers even after the changes have been made. The Committee recommends a number of other amendments to the Bill with regards to preventive measures against anti-social behaviour. Whilst cautiously welcoming the Bill's provision to criminalise forced marriage, the Committee believes the new law must be implemented and monitored carefully to ensure that it is not counter-productive for victims. The Committee also recommends additional measures to protect against the potential for prolonged retention of DNA and other personal samples in criminal investigations.
Download or read book Legislative scrutiny written by Great Britain: Parliament: Joint Committee on Human Rights and published by Stationery Office. This book was released on 2013-06-27 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: This legislative scrutiny report on the Children and Families Bill deals with issues to do with adoption and looked after children (Part 1 of the Bill), family justice (Part 2), Special Educational Needs (Part 3), the Children's Commissioner (Part 5) and statutory rights to shared parental leave and pay (Part 6). The Report also includes an analysis of two issues connected with the Energy Bill.
