Litvinenko - a public inquiry to be held under the Inquries Act 2005

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On 22nd July, the Home Secretary decided that there should be an inquiry under the Inquiries Act 2005 into the death, in 2006, of Alexander Litvinenko - (BBC News 22nd July).  As a result, the inquest first established in 2006 has been suspended under the power in the Coroners and Justice Act 2009 Schedule 1 para 3.    The Home Secretary had resisted holding an Inquiry but Mr Litvinenko's widow brought a successful judicial review of the Home Secretary's decision - (read the judgment). 


Mr Justice Owen was sitting in the capacity as HM Assistant Coroner for Inner London North and was conducting the inquest.  He has now become the Inquiry Chairman.  Interestingly, Owen J retired from the High Court on 19th July.



See - Litvinenko - 31st July - Suspension of Inquest and Opening of Public Inquiry - where Sir Robert Owen stated that the government has issued a "restriction notice" under section 19 of the Inquiries Act 2005 so that specified sensitive material will be heard in closed session. 

Previous posts - 7th July 2013 - Inquest or Inquiry? Litvinenko  and also 11th February 2014. 

Of Interest to lawyers blog - 31st July 2014

The Inquries Act 2005 - (passed during the "wash up" prior to the 2005 General Election) - has been severly criticised as giving Ministers too much control over the inquiry process.  On this, see Law Society Gazette 27th March 2014.

Whitehorse Hill: A Prehistoric Dartmoor Discovery

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We recently provided sponsorship for Plymouth City Museum and Art Gallery’s forthcoming autumn exhibition, ‘Whitehorse Hill: A Prehistoric Dartmoor Discovery’.

Time for Trapani in Sicily

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View all holiday rentals in Trapani


West Sicily is an ideal location for an unforgettable holiday; immersed in nature, history and tradition, this area boasts amazing sunny beaches, islands surrounded by turquoise waters, breathtaking views, ancient villages and archeological sites.


Trapani on the far Western corner is the perfect location for a holiday in Sicily and a great point to explore western Sicily. The town itself is famous for its lively historical centre with its boutiques, restaurants, cafès and bars.  This is an ideal place to soak up the traditional Sicilian atmosphere and watch the world go by. Its restaurants are well-known for producing excellent cuisine, including many fish dishes.


Trapani also benefits from being positioned on the Tyrrhenian coast, which offers magnificent marine scenery and areas of outstanding beauty. From the beaches of Castellammare del Golfo and San Vito Lo Capo, to the rock formations of Scopello, the Zingaro nature reserve, and the islands of Levanzo, Marettimo and Favignana, the area is simply stunning! All around Trapani you can find unique fishing villages, where you can experience an unspoilt and authentic Sicily.


The road from Trapani to Marsala (where the well-known liqueur is produced) passes through a characteristic landscape of salt pans and windmills, which have become world-famous postcard scenes. Further south lies the town of Mazara del Vallo with its fascinating historical centre.


This area is diverse and Arab influence can be seen on the island of Pantelleria, known as the ‘Black Pearl of the Mediterranean’, and the temple of Segesta and the archaeological park of Selinunte, are a must-see.


All in all, Trapani is quickly becoming a wish list destination. It doesn’t have the crowds and tourism of Taormina or Cefalu’ but offers a real slice of Sicily and comparable charm. The coast is wonderful and there are so many villages and so much history to explore.


Although this is an ideal for a relaxing holiday, it would be a real shame to miss architectural and historical treasures on Trapani’s doorstep.

How to get there


Trapani has its own airport, Vincezo Florio, with various connections around Europe but it is less than an hour to Palermo’s Falcone Borsellino Airport by car and with both bus and train connections, getting to Trapani could not be easier!

Accommodation


Holiday Homes in Italy offers a great selection of holiday rentals in Trapani from apartments in the centre of Trapani to villas with pools in Trapani. Take a look at a few of the gems in and around the area;

View holiday rentals in Trapani

View self-catering apartments in Trapani

View holiday villas in Trapani

Roundup of News and Comment ....

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Updated 30th July ...

Over recent days a considerable number of legal "stories" have appeared.  Here are a few - Enjoy ....!

1.  Efficiency review

The Judiciary has announced details of a Review of Efficiency in Criminal Proceedings which is to be led by Sir Brian Leveson (President of the Queen's Bench Division of the High Court).

2.  Criminal Practice Directions will be revised from October 2014

3.  The Guardian newspaper (and its associated website) cover many aspects of law.

a)  Judges have been warned that the government is trying to obtain impunity over torture. 
The warnings came from Richard Hermer QC, acting for Abdel Hakim Belhaj and his Moroccan wife, Fatima Bouchar, who were abducted in a joint MI6/CIA operation in 2004 and secretly flown to Tripoli, where Muammar Gaddafi's security forces tortured him.  A further on-going case is that of Yunus Rahmatullah who was captured by the British in Iraq during 2004 and handed over to the US - (see previous post).

b)  This Guardian article does not pull any punches and claims that it is inhuman to deny the vote to serving prisoners.  It is written from a Scottish perspective but the denial of the franchise to prisoners applies also in England and Wales. 

c)  A further article reports that Alison Saunders (Director of Public Prosecutions) has indicated that she is  seeking to "rebalance" the process in order to reduce the stress caused by the prospect of victims appearing in court. The coroner who conducted the inquest into the death of concert violinist Frances Andrade is writing to Saunders calling for specific changes to avoid further such incidents.  This blog looked at this matter back in February 2013 - Special measures in criminal proceedings.  Andrade was qualified to benefit from special measures (Youth Justice and Criminal Evidence Act 1999) but, as permitted by s.17(4) of the Act, she declined them and chose to give her evidence in person before the court.  She endured a rigorous cross-examination by Brewer's counsel Kate Blackwell QC. Between giving her evidence and the conclusion of the trial, Andrade took her own life.

See CPS website - DPP launches support package for victims - 21st July 2014.

d)  On 22nd July, Joshua Rozenberg looked at - How UK's terrorism law targets words, not just guns and bombs.   The legal definition of terrorism risks criminalising legitimate freedom of expression, according to the UK's terror watchdog. David Anderson QC, the independent reviewer of terrorism legislation, has recommended narrowing the definition in the Terrorism Act 2000. In his annual report, Anderson said the breadth of the UK terrorism definition was graphically illustrated in the David Miranda case , partner of the former Guardian journalist Glenn Greenwald.

Mr Anderson's report may be viewed via the Independent Reviewer's website.

e)  According to this article, the Family Court is now at breaking point because of cuts to legal aid. People are facing child custody and divorce cases without proper advice as private arbitrations rise, says lawyer's body Resolution.

4.  Closed Material Proceedings

Since the enactment of the Justice and Security Act 2013 , it is of some interest to note how many "secret hearings" (known technically as 'closed material proceedings') have taken place.  A report in Express and Star 28th July looks at this.

5.  No win: now fee

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 made changes to "no win no fee" arrangements - known to lawyers as 'conditional fee agreements' ) but what do such agreements actually entail?   A good explanation by Jane Gittins appears at The Justice Gap.

6.  Human Rights

Some sections of the British Press seems to delight in painting the European Convention on Human Rights (ECHR) as a "villain's charter" and the European Court of Human Rights (E Ct H R) as a body of unelected judges making decisions which are inconvenient to government.  This trend was exemplified this week by The Sun newspaper (27th July) - It's time to stop crazy human rights rulings from European Judges.

It was therefore somewhat refreshing to see an article in The Independent highlighting 8 decisions that you probably won't hear Prime Minister David Cameron talking about.

Those pressing for abandonment of the Convention ought to be careful what they wish for. The alternative might well be some form of British Bill of Rights probably riddled with exceptions and at the mercy of untrammeled Parliamentary Sovereignty with each successive Parliament essentially locked in for a full 5 years subject only to the terms of the Fixed Term Parliaments Act. 

Having said this, some decisions of the E Ct HR contain some problematic reasoning such as the "living together" concept which has emerged from the recent Grand Chamber decision in SAS v France (Judgment of 1st July 2014) where the court upheld the French ban (introduced in October 2010) on wearing of the face veil.  An article on the Strasbourg Observers blog looks at two problematic aspects of the judgment - first, its acceptance of the promotion of ‘living together’ as a legitimate ground for the restriction of fundamental rights, coupled with a wide margin of appreciation; and, secondly, the way it assesses the seriousness of the interference.

7.   Challenge to DRIP

LIBERTY is representing MPs David Davis and Tom Watson in a legal challenge by way of judicial review to the Government's 'emergency' surveillance law - discussed recently on this and other blogs - (for example, here).  Unfortunately, reading the Liberty website did make me wonder about the workings of Parliament itself which appears to have almost entirely rolled over to enact the Data Retention and Investigatory Powers Act 2014.  Some honourable members did register their objection to the process but, nevertheless, the legislation was pushed through unopposed officially.  Mr Davis and Mr Watson argue that the legislation breaches Article 8 of the ECHR and also Arts. 7 and 8 of the EU Charter of Fundamental Rights.

Read the Data retention and Investigatory Powers Act 2014

8.  Child abuse inquiry

On 7th July, the Home Secretary made a statement in Parliament on child abuse investigations.  It was later announced that one of the investigations was to be led by retired President of the Family Division Lady Elizabeth Butler-Sloss whose brother was Attorney-General in the 1980s.  Facing the possibility of apparent bias, Her Ladyship stepped down as Chairman.  To date, a new appointee has not been announced and Ministers are being urged to do so - BBC 25th July.


9.  On the various blogs

The Intrigant published its 17th letter to the Lord Chancellor. and also its 18th such letter.  These letters, in sardonic (even sarcastic) style, are will worth reading for their devastating criticism of Ministry of Justice policy.  The 17th letter looks at prison and probation policy, outsourcing of contracts, IT projects and Operation Cotton.  It concludes - 'In Volume 1 of Campbell’s Lives of the Chancellors it reads “No office in the history of any nation has been filled with such a long succession of distinguished and interesting men as the Lord Chancellor.” Why is it that nobody, except me, can see that that long succession includes you?'  The 18th letter looks at how the increase in fees to bring a case to an employment tribunal has reduced the number of claims.

The blog of Nigel Poole QC considers Heroes and Villains - 'Mr Grayling, Secretary of State for Justice and Lord Chancellor is introducing proposed legislation which he believes will "finally slay much of the "elf and safety" and jobsworth culture that holds back so much of our society."  The Social Action, Responsibility and Heroism Bill was born of a meeting of minds of Mr Grayling and Oliver Letwin .  These Georges have identified their dragon: the law of negligence and civil claims for breach of statutory duty. Heroic stuff.'

The Marilyn Stowe blog continues its first rate coverage of family law matters and Celia Rooney writing on the UK Human Rights looks at the Cabinet Reshuffle, the Legal Aid Residency Test and DRIP. 

The Head of Legal blog looked at the 4 year period in office of former Attorney General Dominic Grieve QC.   The new Law Officers were sworn in before the Lord Chief Justice and it seems both were elevated to the rank of Queens Counsel.  It was hardly surprising that this provoked some trenchant Twitter observations from lawyers who had spent many long years at the junior bar before qualifying as "One of Our Counsel Learned in the Law."

.... and last, but by no means least, it is great to see Charon QC getting back into harness.  This doyen of the blogosphere has been largely absent for a time because he suffered a bad fall.  We all wish him well for the future.

Thrilling sights in air and on sea

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You can see magnificent men in their flying and sailing machines this summer, with two fantastic events to take in:

On Thursday 31st July, the 2014 Culdrose Air Day offers the exciting opportunity to meet the Fleet Air Arm, the Royal Navy’s flying force, the only day of the year when the public can step into the world of Culdrose and experience the sights and sounds of a working military Naval Air Station.

Prepare to be blown away by awesome flying displays, as Royal Naval Air Station Culdrose is home to a variety of military aircraft including Merlin and Sea King helicopters, Hawk Jets, and the King Air 350 Avengers.

And don’t forget the 3,000 people based at Culdrose – those who fly and many more who help them to get airborne. Visitors will be able to meet the heroic aircrew who fly helicopters around the world, get up close to state-of-the art aircraft and learn all about life in the Royal Navy.

Ticket prices: Adult (16+): £17, Child (5-15yrs): £6, Family £40

If rolling seas are more your thing, head along to Falmouth from 28th to 31st August when 47 Sail Training vessels from around the world, including 12 of the magnificent square sail Tall Ships, will arrive for one of the biggest international sailing events in solely English waters.

There’s a packed programme of shore side entertainment from 11.00am to 11.00pm daily, most of which is free, including free access to board the largest ships in The Docks (dependant on tides). This is a rare opportunity to explore on deck and learn about life on board these giants of the sea.

The ships will leave Falmouth in a spectacular Parade of Sail to the start line off Falmouth Bay on Sunday 31st August, from 11.00am to 2.00pm.

Moohan and another v Lord Advocate - Supreme Court of the UK - Serving Prisoners and the Independence Referendum

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18th September 2014 is the date set for the referendum on Scottish Independence.  The referendum is being held by virtue of the Scottish Independence Referendum Act 2013 and those entitled to vote are detailed in the Scottish Independence Referendum (Franchise) Act 2013 - section 2 of which states:

A person is entitled to vote in an independence referendum if, on the date on which the poll at the referendum is held, the person is -

(a) aged 16 or over,

(b) registered in either -

(i) the register of local government electors maintained under section 9(1)(b) of the [Representation of the People Act 1983]  for any area in Scotland, or

(ii) the register of young voters maintained under section 4 of this Act for any such area,

(c) not subject to any legal incapacity to vote (age apart), and

(d) a Commonwealth citizen, a citizen of the Republic of Ireland or a relevant citizen of the European Union.

(2) For the purposes of this Act, a person is, on any date, subject to a legal incapacity to vote if the person—

(a) would be legally incapable (whether by virtue of any enactment or any rule of law) of voting at a local government election in Scotland held on that date, or

(b) is legally incapable, by virtue of section 3, of voting in an independence referendum held on that date.

Section 3 of the Franchise Act is headed - Offenders in prison etc. not to be entitled to vote.  Section 3(1) is clearly worded:

A convicted person is legally incapable of voting in an independence referendum for the period during which the person is detained in a penal institution in pursuance of the sentence imposed on the person.

Three prisoners - Mr Leslie Moohan and Mr Gary Gibson and Mr Andrew Gillon -petitioned for judicial review of those provisions in the Franchise Act preventing them from voting.  Those petitions failed in the Court of Session - Outer House .  An appeal by Mr Moohan and Mr Gillon to the Supreme Court of the UK ensued but it was dismissed with written reasons to be handed down at a later date.  See UK Supreme Court Summary of the Case and the announcement of the decision. 

The question as to who may vote in the referendum has been controversial - as demonstrated by an article dated 27th January 2014 when it was being argued by some that Scottish "expats" ought to be permitted to vote.  The Franchise Act goes beyond the usual arrangement by which "expats" are excluded from national elections if they have been out of the country for over 15 years - (Votes for Expat Brits blog 14th March 2014).

What will happen if the vote is YES?  In this event, it appears that Scotland will move to an interim constitution - see the discussion on Constitutional Law blog and, in particular, this post of 21st June by Katie Boyle.  

Earlier posts on Scottish independence

Earlier posts on Prisoner Voting

Scotland's Future - 26th November 2013

Sharon Shoesmith - Reported compensation

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"Accountability" is not synonymous with "Heads must roll" - per Maurice Kay LJ in R (Shoesmith) v Ofsted and others [2011] RECA Civ 642 at para 66.

In December 2008, Sharon Shoesmith was dismissed as Director of Children's Services for Haringey Council.  This followed the tragic death of "Baby P" on 3rd August 2007 for which his mother (Tracey Connelly) and two males (Steven Barker and Jason Owen) were found criminally liable under the Domestic Violence, Crime and Victims Act 2004 section 5.  (Note: section 5 has been subsequently amended with effect from 2nd July 2012 but the original enactment applied at the time). 

Shoesmith claimed compensation for unfair dismissal and was eventually successful in the Court of Appeal.  The judgment is here and see Law and Lawyers 30th May 2011 for discussion. 

An article published by The Telegraph on 23rd July 2014 indicates
that Shoesmith received £679,452 as a result of agreement between her lawyers and those acting for Haringey.  It is also reported that Haringey spent £196,000 defending the case.


"I cannot leave this case without commenting on the way in which Ms Shoesmith was treated. In another case, Sedley LJ was moved to say:

"It seems that the making of a public sacrifice to deflect press and public obloquy, which is what happened to the appellant, remains an accepted expedient of public administration in this country. (Gibb v Maidstone & Tunbridge Wells NHS Trust [2010] EWCA Civ 678, (at paragraph 42)"

In my view, it is also what happened in the present case.  Those involved in areas such as social work and healthcare are particularly vulnerable to such treatment.  This is not to say that I consider Ms Shoesmith to be blameless or that I have a view as to the extent of her or anyone else's blameworthiness.  That is not the business of this court.  However, it is our task to adjudicate upon the application and fairness of procedures adopted by public authorities when legitimate causes for concern arise, as they plainly did in this case.  Whatever her shortcomings may have been (and, I repeat, I cannot say), she was entitled to be treated lawfully and fairly and not simply and summarily scapegoated."


Previous blogposts relating to the case

A written constitution for the United Kingdom? Have your say ...

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Writing in the Law Society Gazette 21st July 2014, Joshua Rozenberg takes a look at a report by the Political and Constitutional Reform Committee of the House of Commons.

This is a lengthy report of 423 pages - A New Magna Carta?  Second Report of Session 2014-15 (3rd July 2014).

Much of the report is informed by the work of Robert Blackburn - Professor of Constitutional Law, King's College London.  As Joshua Rozenberg's article states -  'Blackburn [offers] us three illustrative blueprints. The first, which he describes as a constitutional code, would be no more than a handbook, with no statutory authority. The second, consolidating legislation, would bring together existing statutes and codify constitutional conventions. Only the third would be a true constitutional document, governing the way the country is run.'

Major consultation by Parliament on "A New Magna Carta" - 10th July 2014.   See also Competition to write a preamble for modern written constitution. 

Earlier posts on Written Constitution - 3rd February 2010 and 19th April 2010

Some recent decisions in the Family Court

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Since the creation (on 22nd April - see post of 24th April) of the new Family Court for England and Wales, cases are being reported by Bailii under the headings of-

• England and Wales Family Court Decisions (other Judges)
• England and Wales Family Court Decisions (High Court Judges)

The following three reported decisions illustrate all too well the complex and difficult decisions required in this area of legal practice.   The decisions do not raise any new points of law but they are of interest because they illustrate well the anxious consideration given to the detail of the case by the judges involved.

• B & Ors (Fact Finding, Care Proceedings) [2014] EWFC B84 (8 July 2014- Her Honour Judge Brown (sitting at Milton Keynes) - 'I therefore make a Care Order and a Placement Order in respect of each of the three children. Given the seriousness and range of risks that these parents pose to their children separately and together, in my judgment these orders are the only realistic orders that can be made to safeguard these children's welfare. They are the only orders which will meet the children's need for a permanent family life. In my judgment they are necessary and proportionate to the risks posed to these children by their parents.'

• Lincolnshire County Council v KM & Ors [2014] EWFC B89 (07 July 2014) - His Honour Judge Swindells QC - 'In the children's best welfare interests I, therefore, make a care order based upon a plan of further intensive work with the maternal grandparents before the children are placed in their care.' 

• X (care and placement order) [2014] EWFC B86 (2 July 2014) - His Honour Judge Lynch (sitting at Leeds) - 'In this case, having carried out the balancing exercise that I must, I am satisfied that there is no realistic prospect of X being returned safely to her mother’s care or of being placed with her father, and that her needs for stability and permanence can only be met in an adoptive placement. I am satisfied that the local authority’s final care plan, as amended to allow for ongoing monthly contact between X and her parents until an adoptive placement is identified, is proportionate and .... in her best welfare interests. I therefore make a care order. Having also concluded that X’s welfare requires me to dispense with her mother’s consent to placing her for adoption, ..... , I therefore make a placement order authorising the local authority to place X for adoption.'

The proposed Privacy and Civil Liberties Board - more on DRIP - the Reviewer's review

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NOTE 17th July:  DRIP received Royal Assent today and is now the Date Retention and Investigatory Powers Act 2014.   For a blogpost which is scathing about how this was rammed through Parliament see Paul Bernal - DRIP: Parliament in disrepute.   The Act is (mostly) in force from today - (Note: section 1(6) - concerned with disclosure of data - requires a commencement order).  It is also worth noting that section 1(3) gives the Secretary of State power to issue regulations making further provision about retention of relevant data.  As things stand at the moment, sections 1 to 7 will repeal on 31st December 2016 (the "sunset" provision).  The government claims that the Act is compatible with Convention rights.  Time will tell ! 

Read the Data retention and Investigatory Powers Act 2014


1) The PCLB - An element of the package announced by the government along with the Data Retention and Investigatory Powers Bill (DRIP) was that there is to be a Privacy and Civil Liberties Board (PCLB) along the US model.  In a tweet today, Mr David Anderson QC (Independent Reviewer of Terrorism Legislation) drew attention to the proposed remit of the PCLB and suggested that 'the devil may be in the detail.'  At first sight, the remit appears to be a rather narrow one - essentially focussing on powers relating to terrorism policy and a specific list of Acts. 

It appears that Legislation to put the Independent Privacy and Civil Liberties Board into place will be brought forward in this session of Parliament.  The PCLB is to replace the Independent Reviewer legislation.

101 Uses for an Independent Reviewer

2) The Data Retention and Investigatory Powers Bill -
cleared the House of Commons on Tuesday 15th July and proceeds along its hurried way to the House of Lords where the House of Lords Constitution Committee has issued a report on the Bill  - 3rd report 2014-15   This report is both informative and critical; noting, for example - 'The contrast between the time taken by the Government to consider their response and the time given to Parliament to scrutinise the bill is a matter of concern, not least because of suspicions that are naturally aroused when legislation is fast-tracked.'  The committee also questions the need for fast-tracking the investigatory provisions at all.

A group of senior legal academics have described the Data Retention and Investigatory Powers bill (DRIP) legislation as “a serious expansion of the British surveillance state”, warning that such changes may be in breach of European law - Scottish Legal News

3) Review by David Anderson QC:

Terms of reference for the review to be undertaken by the Independent Reviewer of Terrorism Legislation have been published.  See the post on the Reviewer's website - Review reviewed - review.

Previous posts 14th July (kindly reproduced by Legal Business) and 10th July

The office of #IRTL needed reform: https://t.co/SLkTbtAsCN. #PCLB is an answer https://t.co/m3dQeijUNp, but devil will be in the detail.
— David Anderson (@terrorwatchdog) July 16, 2014

Law Officers of the Crown

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Prime Minister David Cameron has reorganised his government.  "Reshuffle" is the more usual word but this is hardly a "reshuffle" - more like a cull.  New faces, including a considerable number of women, have been appointed to Ministerial Office.  Shakespeare's play Henry VI Part II contained the line - 'The first thing we do, let's kill all the lawyers.'  Well, they may not have been killed but the reorganisation will have certainly made them less influential within government.

Both of the Law Officers of the Crown have been replaced - (for their roles, see Attorney General's Office website).   Attorney-General Dominic Grieve has been replaced by Jeremy Wright.  Solicitor General Oliver Heald is replaced by Robert Buckland.  Interestingly, Mr Buckland is (or has been) Chair of the Conservative Human Rights Commission.

There can be little doubt that Mr Grieve was highly regarded as a lawyer and as a fearless Attorney-General.  A very good analysis of Mr Grieve's performance as Attorney-General is at Head of Legal Blog - Dominic Grieve as Attorney-General: 2010-14.   Grieve was called to the Bar in 1980
and became Queen's Counsel in 2008.  He served many years in the shadow role of Attorney-General and, for a time, was also shadow Lord Chancellor.  He was generally seen as being in favour of the UK remaining a party to the European Convention on Human Rights (ECHR) and, in relation to the prisoner voting issue, he strongly advocated that the UK must abide by its international obligations.  (Here is what I wrote at the time). 

Mr Wright was called to the Bar in 1996 and specialised in criminal law in the Midlands until his election to Parliament in 2005. He remains a member of No.5 Chambers in Birmingham but is officially listed as non-practising as of May 2013.  It is no disrespect to note that Mr Wright's CV is particularly lightweight compared to the many who have become Attorney-General in the past.  In a post on the Barrister Blog, Matthew Scott argues that Mr Wright is the least distinguished Attorney General for 200 years.  It remains to be seen whether this matters too much.  That will depend on the legal questions arising during Mr Wright's time in office. As Scott argues - 

'Many of the government’s legal problems arise unexpectedly but some can be anticipated. To take just one example, should Scotland vote for independence in September, the legal and constitutional complications that will arise will be profound and it will require an Attorney-General of exceptional expertise to steer a safe course through them.'

For an article in similar vein, see A View from the North 16th July

In an article in The Guardian -Grieve departure softens loss of legal-aid case for Grayling - Joshua Rozenberg argues that -

The disappointment among left-leaning activists and commentators at the sacking of the law officers ... was compounded once it seemed clear that Chris Grayling would be keeping his role as lord chancellor and justice secretary. His position as the Conservatives' leading opponent of the European court of human rights is enhanced now that Grieve is no longer able to provide any sort of counterbalance within government.

Indeed, on his departure from office, Grieve has commented on the possibility that withdrawal from the ECHR would make it impossible for the UK to remain in the EU - The Guardian 15th July ... 

The sacked attorney general has warned that any attempt by Eurosceptic Conservatives to get the UK to withdraw from the European court of human rights will make it difficult for Britain to remain in the EU.  In an interview with the Guardian, Dominic Grieve, the MP who has been responsible for providing legal advice to the cabinet for the past four years, cautioned about the political consequences of quitting the Strasbourg court. "If you withdraw from the court, you withdraw from the Council of Europe [and the European convention of human rights]," Grieve said. "It's difficult to see how the UK can be a member of the EU if it's not adherent to the principles set out in the convention."

Reform?

In 2007, there was a consultation on the  role of the Attorney-General - HERE - and the Select Committee on the Constitution reported on reform - 7th report of 2007-8.   Interesting as all this was, the office appears to have survived any major reform -  Joshua Rozenberg - The Guardian 27th May 2010 - Queen's Speech: reforming the role of the attorney general.  In the current political climate there seems to be little appetite for reform: rather, there seems to be a desire to replace those lawyers within government who have sympathies with the UK remaining within the ECHR or the EU.

 
 

Vote for Helpful Holidays...

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Last year we were delighted to scoop top spot and win gold in our category and we'd love to match that great result this year. We're one of several companies nominated for this category, so we need your votes to have a chance of winning again.

The British Travel Awards are widely considered the 'Oscars' of the travel industry, so we'd love to do well. Please ask your friends and family to vote too - their votes could make all the difference. The closing date for voting is 30th September.

Having trouble registering your vote?

Navigating websites isn't always as straightforward as their designers would like us to believe, so this step-by-step guide may help:

Click here to open the voting area of the BTA website.

• Enter your details on the voting registration form and click 'Submit'.
• You'll arrive at the voting form headed 'How to complete the form'.
• Scroll down and click the heading, ''Who are the best UK holiday companies and visitor attractions?'
• Select and click the 'Best UK Holiday Cottage/Self Catering Booking Company' category from the drop-down menu.
• Select and click 'Helpful Holidays' from the list of nominations.
• Scroll down the page to click on the 'Submit' button to complete your vote.

Please note, there's no obligation to vote in every category, just those in which you're interested.

Thank you for taking the time to vote for Helpful Holidays in these prestigious awards.

DRIP ~ a torrent of mass surveillance seems more likely!

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Update 15th July - DRIP has also produced a torrent of comment !  In an addendum, I have added some further links.

Last week, the Home Secretary announced that, with all party agreement, the Data Retention and Investigatory Powers Bill - (DRIP for short) - would be introduced into Parliament.  Much of that is covered in the previous post of 10th July. Since then, criticism has mounted in relation to the late introduction of the Bill prior to the summer recess.  Further criticism is that the Bill is far from being just a limited Bill to close what may have been a legal gap left by the decision of the Court of Justice of the EU to invalidate the Data Retention Directive 2006/24/EC.   The UK's 2009 Regulations, implementing the directive into domestic law, could well have been at risk via judicial review even though the Home Secretary asserted in the House of Commons that the government believed they remained valid.  Critics point to the Bill being a considerable extension of State power.  Here are links to the draft Bill, to the provisional regulations to be made under the Bill and to the explanatory notes.

The draft Data Retention and Investigatory Powers Bill  - Draft Regulations -Explanatory Notes - 15 pages 

A very good analysis of the Bill has been made available at Cyberlegal blog - Dissecting DRIP: the emergency Data Retention and Investigatory Powers Bill..

Even the most cursory
reading of that blogpost is sufficient to demonstrate the exceptional level of legal complexity and practical difficulty involved in this area.  Such a reading should also be sufficient to conclude that this is not a topic which ought to be cursorily examined in guillotined debates in Parliament under both the pressure of the government claiming that there is a need for "emergency" legislation and the fact that the party leaders have agreed it all anyway!  The Court of Justice of the EU ruled in early April.  It is certainly hard to escape the conclusion that the lateness is deliberate and that the government is seeking to markedly extend its surveillance powers without either Parliament being given a fair opportunity to examine the Bill or the general public being allowed to have a proper say. 

Amnesty International UK blogs about a case in the Investigatory Powers Tribunal (IPT) and, in relation to DRIP, comments - "in Parliament, there will be a ‘debate’ on Tuesday, on the newly proposed ‘emergency’ Data Retention and Investigation Powers Bill, we saw hurried out last week.  I say ‘debate’ – because the Bill has apparently already got cross-party approval from the entire political establishment. I say ‘emergency’ because there was ample time to consult on this legislation, but clearly the government would prefer a quiet back room deal."  The Guardian 14th July also takes a look at the case in the IPT. 

There are of course some crumbs for the critics.  DRIP has a "sunset clause" so that the legislation will terminate on 31st December 2016 but the next Parliament could easily extend that indefinitely so the clause will, in reality, have minimal impact.   Two and a half years from now, the new surveillance regime will be well entrenched and difficult to remove in practice even in the perhaps unlikely event that its removal were to be thought desirable.  The government also announced a review of this entire area and this is to be undertaken by David Anderson QC who is the Independent Reviewer of Terrorism Legislation.  Mr Anderson is to report prior to the 2015 General Election but it is hard to envisage that any major action will take place on his report until the new Parliament is in place and settles down.  Further measures announced by the Home Secretary were a reduction in the number of public authorities entitled to access communications data; the publication of annual "transparency" reports and the setting up of Privacy and Civil Liberties Board based on the US model.

Many articles have appeared over the last few days.  Most are critical of this Bill - see, for example - The Independent 14th July - New data bill contains sweeping surveillance powers that affect everyone in the UK  and The Independent 10th July -  Emergency data law: new bill includes clause expanding jurisdiction of UK snooping laws.   It is not very clear as to how these "extra-territorial powers" will operate in practice.  As Cyberlegal notes (link above):   

"DRIP ... goes to great lengths to devise ways of serving warrants and notices within the UK on non-UK entities.  For communications data acquisition notices this can even include oral notification.  Whether this elaboration is simply a question of practicality or perhaps reflects a deeper concern that serving government warrants and notices outside the UK might be regarded as executive acts violating the territorial sovereignty of another State is a matter for speculation." 

Scottish Government Privacy Groups are also critical - Data retention bill blasted by Scottish government, privacy groups - Scottish justice secretary Kenny MacAskill said ministers north of the border were

"disappointed at the lack of prior consultation and discussion from UK Government".

He noted that although the retention of communications data is currently a reserved matter, the legislation would potentially impinge on areas of Scots law and law enforcement that are devolved.  Mr MacAskill added: "In an independent Scotland, this Government will set out clear arrangements for investigatory powers, updating existing legislation where necessary. This will ensure that law enforcement agencies have the powers that they need to do their job and keep Scotland safe, while also clarifying the limit of those powers and the extent of the controls over them."

EU Law Analysis asks whether the Bill violates the EU Charter of Fundamental Rights where it is concluded that:

In conclusion, much of the UK’s draft Bill would, if adopted, fall within the scope of EU law, and therefore the Charter of Rights. It is possible, depending on the future statutory instrument, that the rules, when applied, will comply with the data retention safeguards demanded by the CJEU. But the government’s intention, as manifested by the Bill, to reinstitute mass surveillance of telecoms traffic data is a clear breach of the EU Charter of Fundamental Rights.  

Addendum 15th July:  The following are some additional links - again, mostly critical of either DRIP or the method of pushing it through Parliament.

Briefing Notes for MPs - Standard Note 14th July- (link to PDF)

Jack of Kent 15th July - Why DRIP matters

Tom Hickman - DRIP Bill - Plugging gaps in Surveillance Laws or Authorising the Unlawful?

Unlock democracy 15th July - DRIP: New surveillance bill highlights need for written constitution - On the same day as DRIP was announced, the Political and Constitutional Reform Committee launched their consultation into the options for a written constitution. Unfortunately, the government is only too eager to provide an illustration of why a constitution is sorely needed.

Global Network Initiative 14th July - Open letter to UK Prime Minister on the Data Retention and Investigatory Powers Bill

Paul Bernal 14th July - Theresa May - even more reason to worry about DRIP

The Guardian 14th July - Yvette Cooper tables amendments to controversial surveillance legislation

West Country summer festivals

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It’s amazing how many events and festivals pop up across the West Country each summer – no matter which week or month you choose to take your holiday, you’ll find yourself choosing from a fantastic selection of things to do. Here are a few to illustrate our point!

Data Retention ~ Background / Materials

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8 x Updates - latest TODAY:

The detection, prevention and investigation of serious crime and national security are matters of enormous concern to government.  Legislation requiring retention by service providers of matters such as telephone communications information (but not content of calls) has been considered necessary.  Such data retention clearly impinges on the privacy of individuals.  Following the 2004 Madrid Bombings, the European Union introduced new rules relating to data retention.  The rules were in the Data Retention Directive 2006/24/EC.

In April 2014, the Court of Justice of the EU (CJEU) ruled that the directive was unlawful because it was held that there was a disproportionate interference with the right to respect for private life and with the right to the protection of personal data, enshrined in Articles 7 and 8 of the Charter of Fundamental Rights of the European Union respectively.  The Court's judgment is here. 

Any new EU Directive would have to comply with ten requirements - see the Open Rights Group Briefing to MPs on Data Retention Legislation.

The 2006 Directive was implemented
into English Law by the Data Retention (EC Directive) Regulations 2009. 

The government's response to this is to be announced in Parliament today - The Guardian 10th July.

More detailed discussion of this topic may be read at Oxford Human Rights Hub and at Brick Court Chambers.

Updates to follow ...............

Update 1:

The draft Data Retention and Investigatory Powers Bill 

and Draft Regulations (issued 11th July)

Explanatory Notes - 15 pages

Update 2:

The Home Secretary's statement in Parliament 10th July

Report of the Statement and comments from Opposition and MPs

The CJEU declared the 2006 Directive and did not limit in any way the temporal effect of the judgment.  Thus, the invalidity must date back to the date when the directive purported to become effective.  This led to fears within government that legal action might have been taken against them for unlawful retention of data - see Out Law.com 24th June 2014.   

Further analysis of the CJEU judgment is at the EU Law Analysis blog

Update 3 - Consequences of an invalid directive

Theresa May, in her statement to Parliament, was also confident that the 2009 regulations remained in force.  This raises a tricky issue.  The regulations were made under the power in section 2(2) of the European Communities Act 1972 which enables Ministers to implement EU obligations such as those imposed by a directive.  On the one hand, it could be said that since the EU legal basis for the regulations had been removed then the national regulations would be automatically invalid.  On the other hand, the national regulations could be seen as having a life of their own and, as a result, continuing in force in national law even though the directive had been invalidated.

The precise legal position is not as clear as might perhaps be expected.  There is some discussion of this at Radiobruxelleslibera (25th April 2014) where the blog author states:

Interestingly, the question is what will happen with the current national legislations which have been enacted as transposiiton of the invalid directive.  Although one could think that also these legislations have become invalid, this is not an automatic effect from the annulment judgment. 

See also - "The Invalid Directive: The legal authority of a Union Act requiring domestic law making" - Thomas Vandamme.  Alternatively, see this link. 

Interestingly, The Advocate General concluded that the Data Retention Directive was invalid but recommended suspending the temporal effects of that finding until the EU legislature adopts, within a reasonable time period, the measures necessary to remedy the invalidity.  See Press Release of 12th December 2013

Update 4 11th July:

In light of the CJEU judgment, it is apparent that in order to comply with human rights law any new legislation must:

1. restrict retention to data that is related to a threat to public security and in particular restrict retention to a particular time period, geographical area and / or suspects or persons whose data would contribute to the prevention, detection or prosecution of serious offences (paragraph 59);
2. provide exceptions for persons whose communications are subject to an obligation of professional secrecy (see paragraph 58 of the judgment);
3. distinguish between the usefulness of different kinds of data and tailor retention periods on the basis of the data’s possible usefulness for the purposes of the objective pursued or according to the persons concerned (paragraph 63);
4. ensure retention periods are limited to that which are ‘strictly necessary' (paragraph 64);
5. empower an independent administrative or judicial body to make decisions regarding access to the data on the basis of what is strictly necessary (paragraph 62);
6. restrict access and use of the data to the prevention, detection or prosecution of defined, sufficiently serious crimes (paragraphs 60-61);
7. limit the number of persons authorised to access and subsequently use the data to that which is strictly necessary (paragraph 62);
8. ensure the data is kept securely with sufficient safeguards to ensure effective protection against the risk of abuse and unlawful access (paragraph 66);
9. ensure destruction of the data when it is no longer required (paragraph 67); and
10. ensure the data is kept within the EU (paragraph 68).

It will be of interest to see to what extent English Law complies with those requirements once the Data Retention and Investigatory Powers Bill is enacted.

Update 5 11th July:

The Data Retention and Investigatory Powers Bill - (DRIP has it has become known) - is concerned with both communications data (described by Theresa May as the who, where, when and how) and also interception (the ability to intercept and access the content of data).  DRIP seeks to extend the law so that communication service providers based outside the UK must also comply with legal obligations.  Theresa May said:

The Bill I am publishing today will ... put beyond doubt the fact that the existing legal framework, which requires companies to cooperate with UK law enforcement and intelligence agencies, also extends to companies that are based overseas but provide services to people here in the UK.

Theresa May said that the CJEU judgment did not consider the stringent controls and safeguards provided by domestic law under, for example, the Regulation of Investigatory Powers Act 2000 (RIPA).

Theresa May was also confident that the 2009 regulations remained in force albeit their legal basis (the 2006 Directive) had been removed.  However, alongside the publication of DRIP, she published Draft Regulations.

Theresa May also announced a number of new measures "to reassure the public that their rights to security and privacy are equally protected."

• reduce the number of public authorities able to access communications data. 

• publish an annual transparency report giving as much detail as possible – within obvious parameters – about the use of these sensitive powers. 

• appoint a senior former diplomat to lead discussions with other governments to consider how we share data for law enforcement and intelligence purposes.

• establish a Privacy and Civil Liberties Board, based on the US model. This will build on the role of the Independent Reviewer of Terrorism Legislation and the Board will consider the balance between security and privacy and liberty in the full context of the threat we face from terrorism.

• review the interception and communications data powers we need – as well as the way in which those powers and capabilities are regulated – in the full context of the threats we face. 

Theresa May also informed Parliament that Mr David Anderson QC (The Independent Reviewer of Terrorism Legislation) had agreed to undertake the review but precise terms of reference remained to be agreed.

Update 6:

Further materials at Data Privacy

Update 7:

Draft Regulations issued by the Home Office on Friday 11th July.   These will replace the 2009 Regulations.

Update 8: Media articles ....

• NSA surveillance data: UK access to information faces legal challenge
• David Cameron makes concessions to rush through snooping law
• Surveillance legislation wins Commons support but critics claim stitch-up 

Crazy for Chianti in Tuscany

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Tuscany is without doubt the most talked about region in Italy. It is well known for its outstanding landscape, walled towns, Cyprus trees, rolling vineyards, its rural lifestyle. Chianti, in the heart of the region is the epitome of all of these things.

The Chianti region extends over the provinces of Florence and Siena, covering all of the area between the two cities and extending to the east toward the Valdarno and to the west to the Val d'Elsa.

Picture postcard scenery


Chianti offers a unique landscape, with green, gentle hills covered with wide fields of vineyards and olive groves, small stone villages and traditional Tuscan farmhouses and villas. It is one of the most beautiful areas in Tuscany, as well as the most well-known and appreciated by visitors from across the world – the landscapes are so beautiful that they inspire photographs and paintings which are sold around the world.

Travelling around the enormously beautiful region of Chianti is literally like turning the pages of a marvellous photo album. It seems that behind every corner, even more beautiful scenery or a more delightful village bursts into view.

What to do


It is perfectly possible to relax and do absolutely nothing in Chianti! The beauty of the region is its rural nature and history. An afternoon can be spent relaxing by the pool or wandering through the streets of a medieval village. A simple walk becomes a joy in these surroundings and you are faced with hundreds of years of civilisation. Strolling through medieval streets, you will fall upon endless art and architecture that is second to none.


Many come to the region to walk or cycle through the breath-taking countryside and in terms of activities, you will be spoilt for choice. During the year there are many events that take place in Chianti: the most important is the wine harvest, celebrating some of the most famous wines in the world. You don’t need to come at harvest time, as there are plenty of bars and vineyards along the main routes, where you can taste and purchase the local wine.


Don’t forget that you are in the heart of Tuscany, so everything is within easy reach; a day shopping in Florence; a trip to Siena; an afternoon in Pisa; a meander through the streets of Lucca or a day trip to the gorgeous Tuscan coastline.


The village gems

The region is simply blessed with so many unforgettable villages and towns but here are a few of the gems;


Radda in Chianti; a beautiful medieval town enclosed in large defensive walls is perfect for relaxing holidays in Tuscany. Several restaurants and wine shops in town offer excellent Tuscan dishes and the opportunity to taste the Chianti Classico DOC produced in the area.


Castellina in Chianti dates back to the Etruscans and is in a great position, located in the middle of the Chianti region between Florence and Siena. The castle offers breathtaking panoramic views and there are many historical buildings that belonged to Florentine and Senese aristocracy. The town offers many restaurants and wine bars.


Greve in Chianti is a lively town, famous for its square which is a triangular shape with large porticos along three sides that protect it and host many quaint local shops, wine bars and restaurants.


Gaiole in Chianti is surrounded by wineries, old villas located in the hills and churches, dating back to Romanesque times – that is why Gaiole is attracting tourists. The town square, lively atmosphere and beautiful scenery make this destination a must-see.

When to visit

Most tourists visit Tuscany predictably in the high season months of June, July and August. Even September is busy in the region these days but towards the end of September and October really is a magical time to visit and rental prices drop significantly!

How to get there

Pisa airport is the main International Airport in Tuscany and the number and diversity of flights has increased dramatically in recent years.  Amerigo Vespucci airport in Florence also has options and it is also possible to fly to Rome and travel north into Chianti.

Where to stay


As you would expect with a popular destination, the holidaymaker really is spoilt for choice in a region full of sun-soaked landscape and glorious, peaceful scenery. Holiday Homes in Italy offers an exclusive range of Tuscan villas for your holiday in Tuscany.  From family villas with pools in Tuscany to luxury Tuscan villas, rustic villas with pools in Chianti to small charming villas in Tuscany, we have an excellent selection of self-catering properties to suit all requirements. Take a look at the following;


Villas with pools in Chianti

Apartments in Chianti

Self-catering properties in chianti


Or let us take the stress out of choosing the perfect villa or property for you and offer you our knowledge on this region, combined with a first-class service – send us an enquiry today.