House of Lords - House of Commons - Joint Committee on Human Rights: Legislative Scrutiny: Offender Rehabilitation Bill - HL 80 - HC 829
Title | House of Lords - House of Commons - Joint Committee on Human Rights: Legislative Scrutiny: Offender Rehabilitation Bill - HL 80 - HC 829 PDF eBook |
Author | Great Britain: Parliament: Joint Committee on Human Rights |
Publisher | The Stationery Office |
Pages | 48 |
Release | 2013-11-18 |
Genre | Business & Economics |
ISBN | 9780108551512 |
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
House of Lords - House of Commons - Joint Committee on Human Rights: Legislative Scrutiny: Immigration Bill (Second Report) - HL142, HC 1120
Title | House of Lords - House of Commons - Joint Committee on Human Rights: Legislative Scrutiny: Immigration Bill (Second Report) - HL142, HC 1120 PDF eBook |
Author | Great Britain: Parliament: Joint Committee on Human Rights |
Publisher | The Stationery Office |
Pages | 48 |
Release | 2014-03-03 |
Genre | Business & Economics |
ISBN | 9780108553448 |
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
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
Title | 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 PDF eBook |
Author | Great Britain: Parliament: Joint Committee on Human Rights |
Publisher | The Stationery Office |
Pages | 88 |
Release | 2013-12-13 |
Genre | Business & Economics |
ISBN | 9780108551635 |
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
House of Lords - House Of Commonos - Joint Commmittee on Human Rights: Legislative Scrutiny: Immigration Bill - HL 102 - HC 935
Title | House of Lords - House Of Commonos - Joint Commmittee on Human Rights: Legislative Scrutiny: Immigration Bill - HL 102 - HC 935 PDF eBook |
Author | Great Britain: Parliament: Joint Committee on Human Rights |
Publisher | The Stationery Office |
Pages | 56 |
Release | 2013-12-18 |
Genre | Business & Economics |
ISBN | 9780108551680 |
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.
The New Commonwealth Model of Constitutionalism
Title | The New Commonwealth Model of Constitutionalism PDF eBook |
Author | Stephen Gardbaum |
Publisher | Cambridge University Press |
Pages | 275 |
Release | 2013-01-03 |
Genre | Law |
ISBN | 1107009286 |
Stephen Gardbaum proposes and examines a new way of protecting rights in a democracy.
A British Bill of Rights
Title | A British Bill of Rights PDF eBook |
Author | Anthony Lester |
Publisher | Institute for Public Policy Research |
Pages | 62 |
Release | 1990 |
Genre | Law |
ISBN | 9781872452180 |
Privacy and injunctions
Title | Privacy and injunctions PDF eBook |
Author | Great Britain: Parliament: Joint Committee on Privacy and Injunctions |
Publisher | The Stationery Office |
Pages | 108 |
Release | 2012-03-27 |
Genre | Business & Economics |
ISBN | 9780108475719 |
This report says Parliament should not introduce any new privacy statute. It concludes that in weighing the competing rights to privacy and freedom of expression, each case must be judged on its own merits. The bar for limiting freedom of expression must be set high, but the courts are now striking a better balance in dealing with applications for privacy injunctions. Criticism that privacy law has been "judge-made", noting that it evolved from the Human Rights Act is rejected. The Committee says the most important step towards improving protection of privacy is to provide for enhanced regulation of the media. The Press Complaints Commission lacked the power, sanctions or independence to be truly effective. Substantial changes to press regulation are needed to ensure that it encompasses all major news publishers including, in time, major bloggers. The Committee makes several recommendations including that the reformed regulator should: have access to a wider range of sanctions, including the power to fine; be cost-free to complainants; be able to determine the size and location of a published apology, and the date of publication; play a greater role in arbitrating and mediating privacy disputes. One possible mechanism the Committee suggests is for advertisers to agree to advertise only in publications that are members of the press regulator and subscribe to its rules. It also concludes that parliamentarians should ensure that material subject to an injunction is only revealed in Parliament when there is good reason to do so