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Meaning Of Public Authority Under The Human Rights Act Seventh Report Of Session 2003 04 Reporttogether With Formal Minutes And Appendices
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Author :Great Britain: Parliament: Joint Committee on Human Rights Publisher :The Stationery Office ISBN 13 :9780104010426 Total Pages :132 pages Book Rating :4.0/5 (14 download)
Book Synopsis The meaning of public authority under the Human Rights Act by : Great Britain: Parliament: Joint Committee on Human Rights
Download or read book The meaning of public authority under the Human Rights Act written by Great Britain: Parliament: Joint Committee on Human Rights and published by The Stationery Office. This book was released on 2007-03-28 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: Section 6 of the Human Rights Act (HRA) makes it unlawful for public authorities to act in breach of Convention rights. UK courts have adopted a restrictive interpretation of the meaning of public authority, potentially depriving numerous, often vulnerable people, from the human rights protection afforded by the HRA. There has been little evidence of progress since the previous report on this matter (HL 39/HC 382, 7th report session 2003-4, ISBN 9780104004173). Chapter 2 examines developments in case-law since 2004 and the Committee considers the Government's 2005 guidance on contracting for services in the light of the Human Rights Act takes a very negative approach to the difficulties facing the use of contracts to secure better the protection of human rights, lacks accessibility and is difficult to understand, and has little or no influence on the procurement policies of local authorities. In Chapter 3, the Committee considers the case for further action to overcome the problems arising from a narrow interpretation of public authority. It concludes that the practical implications of the current case law are such that some service users are deprived of a right to an effective remedy for any violation of their Convention rights. The Committee has not seen any convincing evidence that providers would leave the public services market if they were subject to the duty to act compatibly with Convention rights, despite the Government's premature and unsupported concerns about market flight. In Chapter 4 the Committee considers steps which could be taken to resolve the problems identified, including use of legislation to clarify the meaning of public authority in section 6 HRA through a separate, supplementary and interpretative statute.
Book Synopsis Meaning of Public Authority Under the Human Rights Act Seventh Report of Session 2003-04 Report,Together with Formal Minutes and Appendices by : Corston Jean
Download or read book Meaning of Public Authority Under the Human Rights Act Seventh Report of Session 2003-04 Report,Together with Formal Minutes and Appendices written by Corston Jean and published by . This book was released on 2004 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Human Rights Act makes it unlawful for public authorities to act in breach of the fundamental rights and freedoms set out in the European Convention on Human Rights, and it allows individuals to seek vindication and redress in UK courts. The Committee's report considers a possible flaw in the design of the Human Rights Act, with regards to the meaning of "public authority", which means that many private and voluntary sector providers of public services are considered outside the scope of the Act, with no obligation to comply with the rights and freedoms it incorporated into domestic law. The Committee concludes that there is a fundamental problem, not with the design of the law, but with its inconsistent and restrictive application by the courts. The Committee supports the judgement of the House of Lords in the only case it has so far determined on this matter, in which it balanced a narrow category of "pure" public authority against a generously wide and flexible category of "functional" public authority. The Committee concludes that lower courts should be adopting a clear "functional" approach to the interpretation of the Act.
Author :Great Britain: Parliament: House of Commons: Liaison Committee Publisher :The Stationery Office ISBN 13 :9780215022806 Total Pages :112 pages Book Rating :4.0/5 (228 download)
Book Synopsis Annual Report For 2004 by : Great Britain: Parliament: House of Commons: Liaison Committee
Download or read book Annual Report For 2004 written by Great Britain: Parliament: House of Commons: Liaison Committee and published by The Stationery Office. This book was released on 2005 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: Annual report For 2004 : First report of session 2004-05, report, together with appendices and formal Minutes
Author :Great Britain: Parliament: Joint Committee on Human Rights Publisher :The Stationery Office ISBN 13 :9780104012093 Total Pages :64 pages Book Rating :4.0/5 (12 download)
Book Synopsis Legislative scrutiny by : Great Britain: Parliament: Joint Committee on Human Rights
Download or read book Legislative scrutiny written by Great Britain: Parliament: Joint Committee on Human Rights and published by The Stationery Office. This book was released on 2008-01-03 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legislative Scrutiny : 1) Child Maintenance and Other Payments Bill; 2) other bills, third report of session 2007-08, report, together with formal minutes and Appendices
Book Synopsis Commission for Equality and Human Rights by : Joint Committee On Human Rights
Download or read book Commission for Equality and Human Rights written by Joint Committee On Human Rights and published by The Stationery Office. This book was released on 2004 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report responds to the white paper "Fairness for all: a new Commission for Equality and Human Rights" (Cm. 6185, ISBN 0101618522, issued 12 May 2004), which proposed a new single body with responsibility for promoting equality throughout society, building on the strengths of existing Commissions (the Commission for Racial Equality, the Disability Rights Commission and the Equal Opportunities Commission). There is broad agreement between the white paper's proposals and the Committee's own proposals (11th report, HLP 78 / HCP 536 session 2003-04, ISBN 010400452, issued 5 May 2004). The areas of divergence include the following: the precise nature of the general duty to be placed upon the CEHR in relation to the promotion and protection of human rights; the details of the power of the CEHR to conduct "general inquiries"; the case for giving the Commission power to seek judicial review of the policies, actions and omissions of public authorities; and the institutional and funding arrangements to secure the independence and accountability of the new body.
Author :Great Britain. Parliament. Joint Committee on Human Rights Publisher :The Stationery Office ISBN 13 :9780104005514 Total Pages :36 pages Book Rating :4.0/5 (55 download)
Book Synopsis The Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004 by : Great Britain. Parliament. Joint Committee on Human Rights
Download or read book The Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004 written by Great Britain. Parliament. Joint Committee on Human Rights and published by The Stationery Office. This book was released on 2004 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Committee's report considers concerns over the compatibility of the Order (S.I. 2004/1910, ISBN 0110495802), made under the Nationality, Immigration & Asylum Act 2002, with the UK's international human rights obligations. The Refugee Convention has established a general 'principle of non-refoulement' which prohibits the expulsion or return of a refugee to a country where his/her life might be threatened on account of race, religion, nationality or due to membership of a particular social group or political opinion. The Convention allows an exception to this principle in cases where the person has been convicted of a particularly serious crime and is therefore deemed to be a danger to the general community of the host country. The Order specifies a wide range of offences under the 2002 Act, with the effect that anyone convicted of such an offence will have his asylum claim dismissed unless he/she can establish they are not a danger to the community. The Committee finds that the Order as drafted is 'ultra vires' the order-making power, because the wide range of offences specified go beyond the interpretation of 'particularly serious crimes' intended by the Refugee Convention, and therefore undermines the principle of non-refoulement.
Author :Great Britain: Parliament: Joint Committee on Human Rights Publisher :The Stationery Office ISBN 13 :9780104005446 Total Pages :212 pages Book Rating :4.0/5 (54 download)
Book Synopsis International Covenant on Economic,Social and Cultural Rights,Twenty-First Report of Session 2003-04,Report,Together with Formal Minutes,Minutes of Evidence and Appendices by : Great Britain: Parliament: Joint Committee on Human Rights
Download or read book International Covenant on Economic,Social and Cultural Rights,Twenty-First Report of Session 2003-04,Report,Together with Formal Minutes,Minutes of Evidence and Appendices written by Great Britain: Parliament: Joint Committee on Human Rights and published by The Stationery Office. This book was released on 2004 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Joint Committee on Human Rights examined the implementation of the UN International Covenant on Economic, Social and Cultural Rights in the UK. Domestic legislation protects many of the economic, social and cultural rights, with the Covenant itself having little impact in UK domestic law. The Committee believes that there is scope for incorporating further protection of rights in the UK, by enshrining some of the guarantees contained in the Covenant. Further, that for the Covenant rights to be effective, they should be part of a framework for government policy development, and that Government along with the Commission for Equality and Human Rights should develop ways of measuring the progress of these rights. The Committee also recommends, that explanatory notes to Bills, should include discussion of the Bills compatibility with Covenant rights, which is a way of enhancing the scrutiny of proposed Government legislation. Furthermore, the Committee recommends the introduction of an Equality Bill, to address the concerns of discrimination faced by ethnic minorities and persons with disabilities in employment, housing and education.
Author :Great Britain: Parliament: Joint Committee on Human Rights Publisher :The Stationery Office ISBN 13 :9780104006696 Total Pages :96 pages Book Rating :4.0/5 (66 download)
Book Synopsis Scrutiny by : Great Britain: Parliament: Joint Committee on Human Rights
Download or read book Scrutiny written by Great Britain: Parliament: Joint Committee on Human Rights and published by The Stationery Office. This book was released on 2005-05-26 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing special attention to: European Union Bill; Management of Offenders and Sentencing Bill; Commissioners for Revenue and Customs Bill; Private Members' Bills.
Book Synopsis The Stationery Office Annual Catalogue by : Stationery Office (Great Britain)
Download or read book The Stationery Office Annual Catalogue written by Stationery Office (Great Britain) and published by . This book was released on 2007 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :Great Britain: Parliament: Joint Committee on Human Rights Publisher :The Stationery Office ISBN 13 :9780104005279 Total Pages :136 pages Book Rating :4.0/5 (52 download)
Book Synopsis Children Bill,Nineteenth Report of Session 2003-04,Report,Together with Formal Minutes,Appendices and Minutes of Evidence by : Great Britain: Parliament: Joint Committee on Human Rights
Download or read book Children Bill,Nineteenth Report of Session 2003-04,Report,Together with Formal Minutes,Appendices and Minutes of Evidence written by Great Britain: Parliament: Joint Committee on Human Rights and published by The Stationery Office. This book was released on 2004 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Committee's report examines the Children Bill as introduced into the Commons in July 2004 (HCB 144, ISBN 0215704479), following Lords amendments. In particular, the report focuses on the parts of the Bill relating to: the creation of the post of Children's Commissioner for England; strengthening the legal framework of co-operation between agencies delivering children's services; as well as clause 49 of the Bill on the corporal punishment of children and the restriction of the defence of 'reasonable chastisement', in light of the UK's obligations under the UN Convention on the Rights of the Child and the European Convention on Human Rights. Conclusions reached include i) support for the creation of an independent rights-based office of Children's Commissioner; and ii) that the continuing availability of the defence of reasonable chastisement is incompatible with the UK's obligations under the UN Convention and other international agreements.
Book Synopsis The Stationery Office Annual Catalogue 2007 by : U K Stationery Office
Download or read book The Stationery Office Annual Catalogue 2007 written by U K Stationery Office and published by Stationery Office Annual Catal. This book was released on 2009-01-07 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: No public library discount on this title
Download or read book Index to Chairmen written by and published by . This book was released on 2006 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :Great Britain. Parliament. House of Commons. Public Administration Select Committee Publisher : ISBN 13 :9780215015969 Total Pages :44 pages Book Rating :4.0/5 (159 download)
Book Synopsis Taming the Prerogative by : Great Britain. Parliament. House of Commons. Public Administration Select Committee
Download or read book Taming the Prerogative written by Great Britain. Parliament. House of Commons. Public Administration Select Committee and published by . This book was released on 2004 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: The prerogative powers of ministers include some of the most important functions of government, such as decisions on armed conflict and the conclusion of international treaties. This report describes how such powers have come to be delegated. It also concludes that they should be more closely regulated. It proposes that the government should prepare a list of all prerogative powers, which would be considered by a parliamentary committee. Appropriate legislation, with any required statutory safeguards, would then be put into place. A draft Bill is appended to the report.
Book Synopsis Freedom of Speech in Universities by : Alison Scott-Baumann
Download or read book Freedom of Speech in Universities written by Alison Scott-Baumann and published by Routledge. This book was released on 2021-02-25 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom of speech and extremism in university campuses are major sources of debate and moral panic in the United Kingdom today. In 2018, the Joint Committee on Human Rights in Parliament undertook an inquiry into freedom of speech on campus. It found that much of the public concern is exaggerated, but identified a number of factors that require attention, including the impact of government counter-terrorism measures (the Prevent Duty) and regulatory bodies (including the Charity Commission for England and Wales) on freedom of speech. This book combines empirical research and philosophical analysis to explore these issues, with a particular focus on the impact upon Muslim students and staff. It offers a new conceptual paradigm for thinking about freedom of speech, based on deliberative democracy, and practical suggestions for universities in handling it. Topics covered include: The enduring legacy of key thinkers who have shaped the debate about freedom of speech The role of right-wing populism in driving moral panic about universities The impact of the Prevent Duty and the Charity Commission upon Muslim students, students’ unions and university managers Students’ and staff views about freedom of speech Alternative approaches to handling freedom of speech on campus, including the Community of Inquiry This highly engaging and topical text will be of interest to those working within public policy, religion and education or religion and politics and Islamic Studies.
Author :Great Britain: Parliament: Joint Committee on Human Rights Publisher :The Stationery Office ISBN 13 :9780108473500 Total Pages :78 pages Book Rating :4.4/5 (735 download)
Book Synopsis The human rights implications of UK extradition policy by : Great Britain: Parliament: Joint Committee on Human Rights
Download or read book The human rights implications of UK extradition policy written by Great Britain: Parliament: Joint Committee on Human Rights and published by The Stationery Office. This book was released on 2011-06-22 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Joint Committee on Human Rights concludes that the current statutory framework does not provide effective protection for human rights. The rights most often relevant to extradition are: prohibition of torture; fair trial; liberty and security; private and family life; and prohibition of discrimination. The Committee calls on the Government to spell out detailed safeguards in the statutory framework. Parliament should be asked to commence the "most appropriate forum" safeguard in the Police and Criminal Justice Act 2006 and that a requirement for the requesting country to show a prima facie case or similarly robust evidential threshold should be introduced in extradition cases. The most appropriate forum safeguard would require the judge to consider whether it is in the interests of justice for the individual to be tried in the requesting country - and to refuse the extradition request if it is not. The committee also calls for negotiated changes to the European Arrest Warrant, a review of the provision of legal representation. The committee also concludes that the power of the Secretary of State to refuse extradition to non-EU countries should not be extended. The powers of the judge in an extradition case should instead ensure adequate protection of rights.
Book Synopsis Privacy and injunctions by : Great Britain: Parliament: Joint Committee on Privacy and Injunctions
Download or read book Privacy and injunctions written by Great Britain: Parliament: Joint Committee on Privacy and Injunctions and published by The Stationery Office. This book was released on 2012-03-27 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Author :Great Britain: Parliament: House of Commons: Health Committee Publisher :The Stationery Office ISBN 13 :9780215024572 Total Pages :556 pages Book Rating :4.0/5 (245 download)
Book Synopsis The Influence of the Pharmaceutical Industry by : Great Britain: Parliament: House of Commons: Health Committee
Download or read book The Influence of the Pharmaceutical Industry written by Great Britain: Parliament: House of Commons: Health Committee and published by The Stationery Office. This book was released on 2005-04-26 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: Incorporating HC 1030-i to iii.
