Terrorism Act 2000 (Remedial) Order 2011 PDF Download

Author: Great Britain. Parliament. House of Commons. 1st Delegated Legislation Committee
Publisher:
ISBN: 9780215549440
Category :
Languages : en
Pages :

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Terrorism Act 2000 (Remedial) Order 2011 : Monday 10 October 2011

Author: Great Britain: Parliament: Joint Committee on Human Rights
Publisher: The Stationery Office
ISBN: 9780108473470
Category : Law
Languages : en
Pages : 52

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Book Description
The Terrorism Act 2000 (Remedial) Order 2011, an urgent remedial order concerning exceptional counter-terrorism powers to stop and search without reasonable suspicion was made by the Home Secretary on 17 March 2011 and came into force on 18 March 2011. The purpose of the Order is to remove the incompatibility of the current statutory powers to stop and search without reasonable suspicion (in sections 44 to 46 of the Terrorism Act 2000) with the right to respect the private life in Article 8 of the European Convention on Human Rights ("ECHR"). The Joint Committee on Human Rights accepts the necessity of introducing a replacement stop and search power and agree with the Government there are compelling reasons for using the remedial order procedure. It does provide for much greater parliamentary scrutiny, but the Committee does recommend that the Government provides more detailed evidence of the sorts of circumstances in which the police have experienced the existence of an operational gap in the absence of a power to stop and search. Without such detailed scrutiny it is difficult for the Committee to reach a view as to the appropriateness of proceeding by urgent remedial order. The Committee also recommends that the Order be replaced with a new Order modifying the provisions and removing the incompatibility identified by the ECHR.

Author: Great Britain
Publisher:
ISBN: 9780111508992
Category :
Languages : en
Pages : 12

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Enabling power: Human Rights Act 1998, s. 10 (2), sch. 2, para. 1 (1). Issued: 18.03.2011. Made: 16.03.2011. Laid: 17.03.2011. Coming into force: 18.03.2011. Effect: 2000 c. 11 modified. Territorial extent & classification: E/W/S/NI. General

Author: Stationery Office (Great Britain)
Publisher: Stationery Office/Tso
ISBN: 9780108473746
Category : Law
Languages : en
Pages : 21

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The first report on the Terrorism Act 2000 (Remedial) Order 2011 published as HLP 155/HCP 1141, session 2010-12 (ISBN 9780108473470)

Author: The Stationery Office
Publisher: The Stationery Office
ISBN: 0108557278
Category : Business & Economics
Languages : en
Pages : 64

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Recommends amendments to the Health and Social Care Bill to ensure that private (or voluntary) sector care homes which accommodate publicly-funded residents are brought within the scope of the Human Rights Act. House of Commons papers 303 2007-08.

Author: Great Britain: Parliament: Joint Committee on Human Rights
Publisher: The Stationery Office
ISBN: 0108554589
Category : Business & Economics
Languages : en
Pages : 48

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The Joint Committee on Human Rights welcomes the provision in the Criminal Courts and Justice Bill, carried over from the last Session of this Parliament, which extends the current offence of possession of extreme pornography to include possession of pornographic images depicting rape and other non-consensual sexual penetration. The Committee considers this provision to be human rights enhancing, given the evidence of cultural harm done by such pornography, and acknowledges the strong justification provided for this proportionate restriction on individual rights. However, some of the provisions of the Bill cause concern. The Committee is disappointed that the Government has not examined the provisions of the Bill against all the relevant international standards relating to the rights of children. It urges the Government to provide further information in relation to SEN provision in secure colleges; and recommends that the Bill be amended to make explicit that secure college rules can only authorise the use of reasonable force on children as a last resort. The Committee also reports on the Deregulation Bill. It expresses its concern that application of the economic growth duty in that Bill to the Equality and Human Rights Commission (EHRC) risks the possibility of that body's UN accredited 'A' status being downgraded and could put the UK in breach of its obligations under EU equality law. It recommends that this duty not be applied to the EHRC unless that body is satisfied that it can be done in a way that will not restrict its independence.

Author: Great Britain: Parliament: Joint Committee on Human Rights
Publisher: The Stationery Office
ISBN: 9780108553448
Category : Business & Economics
Languages : en
Pages : 48

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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

Author: Great Britain: Parliament: Joint Committee on Human Rights
Publisher: The Stationery Office
ISBN: 9780108475320
Category : Social Science
Languages : en
Pages : 86

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This report discusses the implementation of the right of disabled people to independent living in the context of the UN Convention on the Rights of Persons with Disabilities (UNCRPD) which was ratified by the UK in 2009. It draws attention to a number of significant human rights issues, including: the need for freestanding legislation to protect the right to independent living in UK law; the effect of current reforms to benefits and services on the ability of disabled people to enjoy independent living; the role played by the UNCRPD in policy development and decision making at all levels of government; the use of equality impact assessments; the effects of devolution on implementation of the UNCRPD; and hate crime. The right to independent living does not exist as a freestanding right in UK law. Although it is protected and promoted to some extent by a matrix of rights, the Committee believes that this is not enough. It argues that the Government and other interested parties should immediately assess the need for, and feasibility of, legislation to establish independent living as a freestanding right. The Committee finds that reforms to benefits and services risk leaving disabled people without the support they need to live independently. It also finds that the Government had not conducted an assessment of the cumulative impact of current reforms on disabled people. This report urges them do so, and to report on the extent to which these reforms are enabling them and local authorities to comply with their obligations under the UNCRPD

Author: Great Britain: Parliament: Joint Committee on Human Rights
Publisher: The Stationery Office
ISBN: 9780108475788
Category : Law
Languages : en
Pages : 74

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The Joint Committee on Human Rights (JCHR) calls for statutory clarification of law on disclosure of national security-sensitive material, but finds no case for more extensive change. The Government has failed to make the case for extending "closed material procedures" to all civil proceedings and to inquests: the Government has not demonstrated that the fairness concern on which it relies to justify the proposal is in fact a real and practical problem. The Committee believes that closed material procedures are inherently unfair and the proposals in the Green Paper are a radical departure from longstanding traditions of open justice and fairness. Nor does it accept that replacing the current law governing disclosure of sensitive material (the law of Public Interest Immunity, or "PII") with closed material procedures is justified. The rule of law requires that decisions about the disclosure of material in legal proceedings be taken by judges not ministers and the current legal framework of PII has not been shown to be inadequate. There is a case, however, for that legal framework to be made clearer in the way in which it applies to national security-sensitive material and the Committee suggests how that could be done by legislation and changes to the Coroners Rules and guidance. The Committee regrets that the Green Paper overlooks the very considerable impact of its proposals on the freedom and ability of the media to report on matters of public interest and concern.

Author: Great Britain: Parliament: Joint Committee on Human Rights
Publisher: The Stationery Office
ISBN: 9780108551680
Category : Social Science
Languages : en
Pages : 56

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Book Description
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.