Classic Express nonsense. I have been telling them for at least 10 years the Human Rights Act and European Convention on Human Rights have nothing to do with the European Union but why let that get in the way of a good story?
I haven't seen the Telegraph article which I think this comes from (because £) but the reality is that parliament did exactly this with prisoner votes using normal legislation, the Council of Europe accepted it, everyone moved on
An inconvenient truth for this government is the UK government and courts has had a fruitful dialogue with the European Court of Human Rights for the past decade and the judgments govt has objected to have been watered down (whole life orders and prisoner votes). Meanwhile...
there have been very few judgments against the UK (about 0-5 per year on average in recent years), e.g. in 2020 there were two judgments against the UK out of hundreds of applications to the court
Why have there been so few judgments against the UK in recent years? Because we have a Human Rights Act which allows people in the UK to resolve human rights breaches in our local courts. That's the point of the HRA. It works really well. Ask the many 1,000s of people who use it
A few years ago I helped make this set of infographics which aimed to show the facts about the European Court of Human Rights and its effect on the UK eachother.org.uk/the-european-c…
Those infographics led to this amazing Sun editorial with a few tips for me and other "leftie human rights lawyers" - that was me told! Haven't said a word about human rights since 🤐😃
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The Divisional Court has ruled that the Government acted unlawfully and irrationally when deciding not to implement the full funding recommendation in Lord Bellamy’s Criminal Legal Aid Review.
I had the rare honour of acting for my professional colleagues, Criminal Law Solicitors Association (@CrimeSolicitors) and the London Criminal Courts Solicitors Association (@lccsa), the Interested Parties in the case. Their press release is below.
The Claimant @TheLawSociety was superbly represented by Tom de la Mare KC @thebrieftweet, Gayatri Sarathy and Emmeline Plews of @BlackstoneChbrs, instructed by John Halford of Bindmans LLP Gayatri Sarathy and Emmeline Plews of Blackstone Chambers, instructed by John Halford of @BindmansLLP.
The amount of work which went into putting the case together and presenting the oral arguments, and standing up for the rule of law, was extraordinary - a credit to the profession.
Together with the Law Society, the CLSA and the LCCSA provided the Court with a large number of witness statements from solicitors up and down the country, at every level of seniority, describing the relentless, physically demanding and emotionally draining nature of criminal defence work and the chronic underfunding which has led to a crisis in the retention of solicitors who are leaving in their droves for better pay and conditions that can be found elsewhere.
The Government response to the Criminal Legal Aid Review utterly failed to grasp the extent of the crisis. Despite the review recommending a 15% increase to solicitors fees as “no more than a minimum starting point”, it increased fees by only 9% with a further 2% promised this year.
The ruling today confirms that the Government response to the review was so flawed as to be unlawful and irrational.
In today’s ruling Lord Justice Singh and Mr Justice Jay described the evidence we submitted from our members alongside the Law Society as “a mass of convergent evidence from honest, professional people working up and down the country”, which is “cogent”, “impressive” and “compelling”, and which “brings home [that] women and men working up and down the country at all hours of the day and night, in difficult and stressful circumstances, carrying out an essential service which depends to a large extent on their goodwill and sense of public duty”.
Some very public-facing comments by Lord Reed in the opening of his summary of the judgment:
- Policy is not that the UK will process asylum claims whilst people are in Rwanda, Rwanda will process them (despite the former often being claimed)
- The non-refoulement principle is contained in a number of treaties not just the European Convention on Human Rights and Human Rights Act
Prediction is a mug's game but if I were giving a public judgment rejecting the government's appeal this is how I would begin it!
This is a beautifully clear summary of the relevant legal principles. A model of its form - plain English, focussed on the public
The Home Secretary acted unlawfully by accommodating, since December 2021, thousands of unaccompanied child asylum seekers in hotels. Kent Council also acted unlawfully in passing on responsibility for them.
A judgment suffused with humanity, legal rigour and common sense from Mr Justice Chamberlain, starting from changing the parties' preferred acronym to emphasise the human element.
The House of Commons Privileges Committee has reported on the conduct of MPs who impugned 'the integrity of that Committee and its members' and attempted 'to lobby or intimidate those members or to encourage others to do so'
This is the suggestion of contempt based on Erskine May (the Parliamentary procedure bible) - which I think is quite convincing. The comments of members about the Privileges Committee being essentially corrupted were very arguably over the line
One point which I think was striking about the MPs who criticised the report is none of them seemed to point to any particular finding they disagreed with. They just went for the committee and the individuals on it.