January 23, 2011 Off

Latest human rights developments in the UK: Mon 17/1/2011 – Sun 23/1/2011

By Justin Glenister in Weekly human rights updates

Mon 17/1/2011

Prisoner Votes: House of Commons
The fact the Law Officers have advised (or not advised) on a particular issue, and the content of any advice, is not disclosed outside of Government.
Dominic Grieve QC, Attorney General for England and Wales, Conservative
Full transcript

Stop and Search: House of Lords
The review of section 44 Terrorism Act 2000 powers in light of the ECtHR judgement in Gillan & Quinton v UK is near complete and will be reported to Parliament shortly.
Baroness Neville-Jones, Minister of State for Security, Conservative
Full transcript

Article 3: Judiciary
In R (Ali Zaki Mousa) v S.o.S. for Defence, the High Court has dismissed a challenge to the government’s decision to ‘wait and see’ if another public inquiry into the abuse of Iraqi detainees is necessary, pending the outcome of internal Ministry of Defence investigations.
Judgment | Analysis

Article 14: Judiciary
In Lisboa v Realpubs Ltd, the Employment Appeals Tribunal (EAT) has ruled a gay pub’s strategy to encourage straight customers led to gay customers being treated less favourably and a gay employee being forced to resign.
Judgment | Analysis

Tues 18/1/2011

Iraq Inquiry: Prime Minister’s Office
The decision that the Iraq Inquiry should not publish certain documents was made by the Cabinet Secretary. The Prime Minister had no role in the decision.
Press briefing

Prisoners Votes: Prime Minister’s Office
The Prime Minister welcomes a Commons debate. He would like to keep to an absolute minimum the number of prisoners who get the vote.
Press briefing

Deportations: House of Commons
The UK Border Agency does not record information centrally and so providing a breakdown of reasons for individual removals would require having to investigate individual case files.
Full transcript

Article 8: Judiciary
In MGN Ltd v UK, the ECtHR has ruled that the UK’s no-win-no-fee costs system violated the Daily Mirror’s freedom of expression rights after it was forced to pay model Naomi Campbell’s previous legal fees.
Judgment | Analysis | Full story

Prisoners Votes: Media
Labour’s Jack Straw and Conservative David Davis have succeeded in a bid to secure a Commons debate on plans to give thousands of prisoners the vote.
Full story

Equality: Media
The owners of a hotel who refused to allow a gay couple a double room acted unlawfully, a judge at the Bristol County Court has ruled.
Full story

Wed 19/1/2011

Iraq Inquiry: Prime Minister’s Office
The Prime Minister has always said the inquiry should be a transparent process. At PM Questions, he made the point that, unlike himself, Mr Blair was in a position to know and reveal the content of the correspondence.
Press briefing

Unsolicited Mail: House of Commons
Any measures to allow officials to identify and intercept scam mail, and Royal Mail to disclose details of potential victims to their local trading standards service must be compatible with human rights legislation.
Raised by Caroline Nokes, MP for Romsey and Southampton, Conservative
Full transcript

Thurs 20/1/2011

Prisoner Votes: Prime Minister’s Office
Asked what the Prime Minister’s view would be of a motion going against the Government, he said this would simply be Parliament expressing a view.
Press briefing

Control Orders: Prime Minister’s Office
The Prime Minister understands there will be an announcement next week.
Press briefing

Detention Without Trial: Prime Minister’s Office
The six-month extension to the 28 day limit to pre-charge detention will end in a few days. The Home Secretary will say more in a statement on Wednesday.
Press briefing

Article 5: Judiciary
In S.o.S. for Justice v RB, the Upper Tribunal has decided where a patient is detained under the Mental Health Act 1983, discharging them from hospital subject to conditions which may constitute a form of detention is compatible with Article 5.
Judgment | Analysis

Article 5: Judiciary
In TTM v Hackney, East London NHS Trust; S.o.S. for Health, the Court of Appeal has ruled the local authority, not the detaining hospital, was liable to pay compensation to a person unlawfully detained under section 3 of the Mental Health Act 1983.
Judgment | Analysis

UK Exclusion: Media
The Home Office says US pastor Terry Jones has been barred from entering the UK for the public good.
Full story

Prisoners Votes: Media
The government has promised to keep the number of prisoners given the vote to a ‘minimum’. The BBC has learned they now want to limit it to sentences under a year.
Full story

Fri 21/1/2011

Extradition and Article 10: Judiciary
In R (Guardian; Media Ltd) v Westminster Magistrates’, the Guardian has failed to convince the High Court it should be able to see key documents in the trial of three men threatened with extradition to the US on charges of corruption and bribery.
Judgment | Full story

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