Draft Civil Contingencies Bill,Session 2002-03,Report,Together with Formal Minutes,Oral and Written Evidence PDF Download

Author: Great Britain. Parliament Joint Committee on the Draft Civil Contingencies Bill
Publisher:
ISBN: 9780104003183
Category :
Languages : en
Pages : 508

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Book Description
The draft Civil Contingencies Bill (Cm. 5843, ISBN 0101584326), published by the Government in June 2003, contains a range of measures to modernise Britain's civil protection laws in order to strengthen the powers available to government to deal with serious emergencies. This is part of the Government's wider package of measures to improve the country's resilience to 'disruptive challenge' which is defined as an emergency presenting a serious threat to human welfare; the environment; political, administrative or economic stability; or UK security, such as war, armed conflict and terrorism. This report examines various aspects of the draft Bill including problems of ambiguity in definitions, human rights issues, constitutional matters, resource implications, audit and management issues. The Committee raises a number of concerns, particularly with regards to human rights and civil liberties issues, and calls for clarification of the currently broad definitions of 'emergency' and 'serious', in order to provide adequate safeguards against misuse of emergency powers.

Author: Clive Walker
Publisher: Oxford University Press, USA
ISBN:
Category : Law
Languages : en
Pages : 432

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Book Description
Recent disturbing events, namely: the fuel strikes of 2000; the catastrophic terrorist attacks of 2001; the threat of further attack through chemical and biological weapons; the foot and mouth outbreak of 2001; and climate change with its associated risks of floods and drought; have rendered a more comprehensive approach to risk and resilience within the United Kingdom essential. This book provides a detailed exploration of the Civil Contingencies Act 2004 and its supporting documentation. It describes and analyses recent changes by providing a full commentary on all parts of the Act. Part I covers the planning aspects and Part II explores the more reactive and controversial regulations.

Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Author: Great Britain: Parliament: Joint Committee on the Draft Climate Change Bill
Publisher: The Stationery Office
ISBN: 9780104011379
Category : Science
Languages : en
Pages : 176

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Book Description
The Committee warmly welcome the introduction of the Climate Change Bill and find it heartening that the UK is taking a lead on this issue. The aim of the Bill is to reduce the net UK carbon account by at least 60% from the 1990 baseline by 2050, although this may not be enough; the Government have emphasised that this is a minimum target. However shipping and aviation are excluded from the carbon budgets and this could be a weakness. The Committee have concerns about the legal enforceability of targets and budgets and propose a system of annual milestones and a compliance mechanism. To recognise the importance of the Bill they think that the legal duty should be placed on the Prime Minister rather than then Secretary of State. The draft Bill is the first of what is likely to be a series of measures. In particular the Committee think that adaptation policies need to be addressed, along with the role of local government.

Author: Paul Wilkinson
Publisher: Routledge
ISBN: 1134176090
Category : History
Languages : en
Pages : 432

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Book Description
This book is a detailed examination of whether domestic security measures are striking an appropriate balance between homeland security and civil liberties in the post-9/11 era. Professor Paul Wilkinson and the other contributors assess the nature of UK responses to terrorism by key public and private-sector bodies, highlighting how these organizations can prevent, pre-empt, counter and manage terrorist attacks by using a matrix of factors such as types of terrorist networks, tactics and targets. The volume also compares and contrasts the UK's response with cognate states elsewhere in the EU and with the USA. While improved intelligence has helped prevent a major Al Qaeda attack, the authors conclude that there is still a ‘major question mark’ over whether the country is adequately resourced to deal with an emergency situation, particularly in major cities other than London. The book also confirms that while the UK faces a ‘real and serious’ threat of terrorist attack by Al Qaeda, it is better prepared for an attack than other EU member states. Homeland Security in the UK will be essential reading for all students of terrorism studies, security studies and politics, as well as by professional practitioners and well-informed general readers.

Author: Great Britain: Parliament: House of Lords: Select Committee on the Constitution
Publisher: The Stationery Office
ISBN: 9780104005415
Category : Political Science
Languages : en
Pages : 68

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Book Description
The Committees report examines parliamentary scrutiny of legislation, focusing on the process for dealing with primary legislation (i.e. the scrutiny of parliamentary bills). This examination is carried out in the light of the Rippon Commission report on the topic (Making the Law produced by the Hansard Society Commission on the Legislative Process) which was published in 1992. Topics discussed include the mechanisms for pre-legislative and post-legislative scrutiny, the growth of legislation, the dissemination of information and ways of gauging public opinion through consultation. Conclusions drawn by the Committee include concern over the growth in the number and complexity of bills being presented to Parliament without adequate expansion in the capacity to deliver effective scrutiny. The report contains a number of proposals designed to help engender a culture shift away from this unsustainable volume of legislation, towards a culture of justification which encourages government to adopt a more disciplined approach to the introduction of bills based on the objective of effectiveness rather than quantity.

Author: Defence Committee
Publisher:
ISBN: 9780215011749
Category :
Languages : en
Pages : 70

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Book Description
The Committee's report welcomes the publication of the draft Bill (Cm. 5843, ISBN 0101584326) in June 2003, but states that civil contingencies legislation should have been introduced in the current Parliament (as recommended by an earlier Committee report (HCP 518, session 2001-02; ISBN 021500468X). Findings include the need for: the Government to explain why it proposes to create statutory civil protection obligations for local authorities and emergency services but not for itself or regional bodies; clarification of the emergency powers provisions to clearly establish safeguards against misuse of these powers; and further discussion on the provision preventing any special legislative measures being struck down by a court due to incompatibility with the Human Rights Act. The Committee also notes that, although it would not wish the Bill to be delayed any further, insufficient time has been allowed for the public consultation on the draft Bill, and the pre-legislative scrutiny process, to be conducted by a specially appointed Joint Committee, is also having to work to a very tight deadline.

Author: Clive Walker
Publisher: Routledge
ISBN: 1317494741
Category : Law
Languages : en
Pages : 226

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Book Description
Contingency planning and resilience are of prime importance to the late modern risk society, with implications for law and for governance arrangements. Our risk society continues to seek ever more complex and detailed risk mitigation responses by law, including the UK’s Civil Contingencies Act 2004 and the US Homeland Security Act 2002, which respond to counter-terrorism, natural catastrophes, and other risks. This book seeks to analyse and criticise the legal developments in contingencies and resilience on a comparative basis, which engages with not only law and constitutionalism but also political theory and policy, including relations between public and private, national and local, and civil and military. Two transcending themes are of interest. One is institutional or structural – what bodies and power relations should we establish in a late modern world where Critical National Infrastructure is mainly held in private hands? The second is dynamic and concerns the grant of powers and arrangements for live responses. Both aspects are subjected to a strong critical stance based in 'constitutionalism', which demands state legitimacy even in extreme situations by the observance of legality, effectiveness, accountability, and individual rights. This book was originally published as a special issue of the International Journal of Human Rights.

Author: Great Britain. Ministry of Justice
Publisher: The Stationery Office
ISBN: 9780101734226
Category : Political Science
Languages : en
Pages : 272

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Book Description
This White Paper contains a three volume set of documents (Cm. 7342-I/II/III, ISBN 9780101734226) and is part of the Governance of Britain series examining constitutional renewal. In July 2007, the Governance of Britain Green Paper was published (ISBN 9780101717021) which set out the Government's vision and proposals for constitutional renewal, calling on the public, Parliament and other organisations to submit views. The result of the consultation is the publication of this White Paper. Volume 1 covers the substantive issues of constitutional renewal, including: the Government's policy proposals; the Attorney General; judicial appointments; treaties; the civil service; war powers; flag flying and other policies, such as the reform of the Intelligence and Security Committee; a wider review of the Royal Perogative; passports; the National Audit Office; public appointments and Church of England appointments. Volume 2, presents the draft Constitutional Renewal Bill, with Volume 3, setting out an analysis of the consultations. For specific publications on a number of the issues examined here, see Cm. 7239, War Powers & Treaties - ISBN 9780101723923; Cm. 7210, Judicial Appointments, ISBN 9780101721028; Cm. 7192, Role of the Attorney General, ISBN 9780101719223.

Author: Antonios Emmanouil Kouroutakis
Publisher: Routledge
ISBN: 1315454319
Category : Law
Languages : en
Pages : 262

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Book Description
In recent years, sunset clauses have mostly been associated with emergency legislation introduced in the wake of terrorist attacks. However, as this book demonstrates, they have a long history and a substantial constitutional impact on the separation of powers and the rule of law. In addition, the constitutional value of such clauses is examined from certain neglected normative aspects pertaining to concepts such as deliberative and consensus democracy, parliamentary sovereignty and constitutional dialogue. The work is an amalgam of three perspectives: the historical, the positive and the normative. All three are intertwined and each subsequent part builds upon the findings of the previous one. The historical perspective investigates the historical development of sunset clauses since the first Parliaments in England. The positive perspective examines the legal effect and the contemporary utility of sunset clauses. Finally, the normative perspective analyses their interaction with several models of separation of powers, and their influence on the dialogue between various institutions as it values their impact on the rule of law, formal and substantive. The detailed examination of this topical subject will be a valuable resource for academics, researchers and policy makers.