House of Lords Constitution Committee 4 March 2020

On Wednesday 4 March, the House of Lords Constitution Committee held its annual evidence session with the President and Deputy President of the Supreme Court.

The session may be viewed at Parliament Parliament.tv

A summary of the session is at Law Society Gazette 4 March 2020 - Lord Reed denies judicial over-reach

Julian Assange extradition hearing - 24 to 27 February

Crown Court - Woolwich

Background:

On 11 April 2019, Mr Julian Assange (founder of Wikileaks) was arrested for failure to surrender to bail - previous post 15 April 2019.  The arrest took place at the Ecuadorean Embassy where Assange had been for 7 years. The arrest was for failure to surrender to bail contrary to the Bail Act 1976 s6(1).

Shortly after the Bail Act arrest he was also arrested

EU and UK - Future Relationship negotiations

Talks in July:

BBC News - Further talks are planned to take place in July 2020 - The UK and EU have said no major progress has been made towards a deal after four rounds of talks this year. Both sides were due to decide by the end of June whether the current deadline for negotiating a deal should be extended beyond the end of December.

Transition Period:

On Friday 12 June, the UK government informed the EU that it would not be extending the transition period - see Politico 12 June.  This decision appeared to disregard the difficulties in reaching agreement with the EU on the future relationship. There is little to show for the four rounds of talks already held in 2020. The decision not to seek an extension also disregards the huge losses to the UK economy due to the coronavirus pandemic - e.g. The Guardian - UK economy to shrink by 8% in 2020.  The CBI has warned that Firms can't cope with no deal and virus - BBC News 11 June.

Fourth round of talks - June 2020:

The fourth round of negotiations between the European Union and the United Kingdom took place via videoconference from Tuesday 2 June to Friday 5 June 2020.

European Commission Chief Negotiator Michel Barnier held a closing press conference on Friday 5 June. Watch the press conference. Read the introductory remarks of Chief Negotiator Michel Barnier.

Statement of UK negotiator Mr David Frost 

EU's Michel Barnier slams UK over Brexit negotiations

Financial Times - UK and EU look for compromises after Brexit talks end in stalemate

Debates in Parliament - 2 June (Commons) Plans for no deal - 4 June (Commons) EU's mandate -  9 June (Commons) Future Relationship with EU - 9 June (Lords) Trade and Security - 10 June (Exiting EU Civil Aviation)

Third round of talks - May 2020:
 

The third round of negotiations between the European Union and the United Kingdom took place via videoconference from Monday 11 May to Friday 15 May 2020.

 European Commission Chief Negotiator Michel Barnier held a closing press conference on Friday 15 May. Watch the press conference.  Read the introductory remarks of Chief Negotiator Michel Barnier.

Statement of UK negotiator Mr David Frost

Second round of talks - April 2020:

1 May 2020 - The Guardian reported about the on-going negotiations and see New European 30 April regarding EU preparations for "no deal" at the end of 2020.

25 April - The Guardian 24 April reported that M Barnier suggested that the UK is running down the clock in talks over the future trade and security relationship with the EU. A further report in The Guardian noted that Barnier’s opposite number, David Frost, opened the first plenary session by “reiterating the government wish not to extend the transition period and that the job could be done by the end of the year." Some observers said the UK government’s position that an extension is not necessary was astonishing given the depth of the coronavirus crisis.

Further information of "Forging a new partnership" is available at the EU Commission website

European Commission Chief Negotiator Michel Barnier held a closing press conference on Friday, 24 April. Watch the press conference. Read the introductory remarks of Chief Negotiator Michel Barnier.

18 April - UK government continuing to refuse to extend the transition period - Brexit blog (Professor Chris Grey)

14 April - Financial Times - Brexit negotiators try to pick up pieces as talks resume

First round of talks:

7 April 2020 - House of Commons Library - What is happening in the UK-EU future relationship negotiations? 

18 March - EU Commission - Draft text of the Agreement on the New Partnership with the UK

UK Government 27 February - Our approach to the future relationship with the EU

Hansard 27 February - Statement in the House of Commons

European Council 25 February - Negotiating Guidelines approved

EU Commission - UK Taskforce 

Agreements and Political Declaration:

Withdrawal Agreement and Political Declaration

EEA EFTA Separation Agreement and the Swiss Citizens’ Rights Agreement

Committees:

London (Heathrow) Airport - Runway 3

View from Heathrow Control Tower

"We have not decided, and could not decide, that there will be no third runway at Heathrow" - Court of Appeal

"The statutory regime for the formulation of a national policy statement, which Parliament put in place in the Planning Act, was not fully complied with."

London (Heathrow) Airport:

In 2018, London (Heathrow) Airport was ranked 7th busiest in the world in terms of passenger numbers. Facts and figures about this two runway airport are

News Roundup - 25 February

Updated 27 February

Terrorism:

The Terrorist Offenders (Restriction of Early Release) Bill passed all its House of Lords stages on Monday 24 February. The debates may be read via Hansard.

The Bingham Centre for the Rule of Law published a number of reports about the Bill. Their "Rule of Law Analysis" is of particular interest

House of Lords Constitution Committee 3rd Report of Session 2019-21.

House of Lords reform:

Lords reform is back

Suella Braverman MP - Attorney General

"Parliament’s legitimacy is unrivalled and the reason why we must take back control, not just from the EU, but from the judiciary" - Suella Braverman 27 January 2020

The Prime Minister rehsuffled Ministerial appointments on Thursday 13 February. The Attorney General - Geoffrey Cox QC MP - left the government and was replaced by Suella Braverman MP.

Her appointment was far from welcome in some quarters. Secret Barrister tweeted - "If this rumour is true, it is up there with Truss as the greatest subservience-to-talent ratio in legal history." 

Let's take a closer look ...

Secretary of State for Justice / Lord Chancellor:

At this point, a brief digression is required

Cummings "furious" that the court prevented deportations

Simler LJ

Mr Dominic Cummings is a political strategist and chief special adviser to Prime Minister Boris Johnson. His degree of "backstage" influence appears to be considerable.

It is reported that Cummings is "furious" that the Court of Appeal issued an order to prevent a deportation flight taking place - ITV News 11 February 2020. The article further reports that Cummings described the Court of Appeal's order is “a perfect symbol of the British state’s dysfunction.” He added that there must be “urgent action on the farce that judicial review has become.”

I have commented previously about the obvious risks

Terrorist Offenders (Restriction of Early Release) Bill

Updated 19 February

The Terrorist Offenders (Restriction of Early Release) Bill is now before Parliament.  The purpose of the Bill is to ensure that terrorist offenders are not automatically released before the end of their custodial term without agreement of the Parole Board.  

The provisions in the Bill change the release point for offenders who have committed a relevant terrorism offence and refer those offenders to the Parole Board at the two-thirds point of the sentence. The changes will apply

10 years

14 January 2020 marked the 10th anniversary of this blog. 

With Brexit achieved on 31 January, the government will now engage in trade and other negotiations with the EU. Those are beyond the scope of this blog and will, I am sure, be covered adequately elsewhere - e.g. EU Law Analysis (Professor Steve Peers), Brexit Blog (Monckton Chambers), UK Trade Policy Observatory (University of Sussex), and The UK in a Changing Europe. Also, Department for International Trade.

Apart from the impact of Brexit, many other issues face the new government - see House of Commons Library Insights for the new Parliament.

Of particular concern

Reflections on Exit Day

After a membership lasting 47 years 30 days and 23 hours, the UK left the European Union at 2300 hrs GMT on 31 January 2020 - BBC News, The Telegraph, The Guardian.  It is well over three years since the 2016 referendum and it is not entirely clear that Brexit continues to be the wish of a majority of people in the UK - BBC 31 January - but the "first past the post" 2019 General Election resulted in a government with a strong majority and elected on a manifesto to "Get Brexit Done." The impact of first past the post on the election outcome is discussed at The Guardian 18 December 2019.

The Withdrawal Agreement is in place for the remainder of the year 2020. This will either smooth the way to a future negotiated relationship with the EU or, alternatively, present a no-deal (or minimal deal) situation from 2021.

Leaving the EU is a break from a body with a membership of 27 States and with a population of around 513 million people.  On 2018 figures, the EU has a gross domestic product (GDP) exceeding $18,000 billion and numerous

Brexit ~ Signed and sealed

On Wednesday 29 January 2020, Sir Tim Barrow, the United Kingdom's Permanent Representative to the European Union presented to the European Council the Instrument of Ratification for the Withdrawal Agreement. This was the final step by which the UK indicated consent to be bound by the Agreement which is a treaty in international law.

The European Parliament gave its approval to the Withdrawal Agreement - 621 votes in favour, 49 against, 13 abstentions - Brexit deal approved by the European Parliament.

The European Council decided

Longer time in custody for some prisoners

From 1 April 2020, a two-thirds rule will apply to certain prisoners - Government 22 January 2020 - Serious violent and sexual offenders to spend longer in prison

Orders have been approved by both Houses of Parliament to alter the law about the release of certain prisoners and to require them to serve longer in prison. The Orders are silent about rehabilitation of prisoners and the work to be done with them whilst they are serving their sentences.

67 Years since Derek Bentley's execution

28 January 1953 - Wandsworth

" ... In our judgment the summing up in this case was such as to deny the appellant that fair trial which is the birthright of every British citizen' - R v Derek William Bentley (deceased) [1998] EWCA Crim 2516 - (Lord Bingham LCJ, Kennedy LJ and Collins J).

67 years ago today, at Wandsworth Prison, 18 year old Derek Bentley was hanged for the murder, on 2 November 1952, of Police Constable Sidney Miles. My post of 26 January 2013 looked at the case and the posthumous appeal (quashing Bentley's conviction).

The morbid website

Brexit - the final throes

With just over a week remaining of the UK's EU membership, the Brexit process is entering its final throes. Brexit will have been achieved but little else given that the future (post-2020) relationship of the UK with the EU has yet to be negotiated.

The European Union (Withdrawal Agreement) Act 2020 has been enacted. Royal Assent was given on 23 January. The Act gives legal effect to the Withdrawal Agreement within the domestic legal systems of the UK.  The Withdrawal Agreement itself has been signed.

The UK leaves the EU by operation

EU Withdrawal Bill ~ Legislative consent refused

National Assembly for Wales

The Scotland Act 1998 section 28(7) confirms that the Parliament of the United Kingdom retains power to make laws for Scotland. There is similar provision in the Government of Wales Act 2006 s.107(5) and in the Northern Ireland Act 1998 section 5(6). 

An important constitutional question is when will Westminster exercise its power to legislate in relation to areas of devolved powers.

This question has assumed importance

Scotland - a note on Johnson's rejection of Sturgeon's request

Scottish Parliament

Brexit, unwanted by Scotland, is one reason why the Scottish National Party (SNP) is riding high in terms of election results regardless of consideration of their actual track-record in government.  In the 2019 general election, the party obtained 48 of the 59 Scottish seats at Westminster and currently appears to be on course for an outright win in the Scottish Parliamentary election to be held in 2021.

Scotland’s First Minister

Northern Ireland January 2020

On Saturday 11 January, the Northern Ireland Assembly met at Stormont, Belfast. Apart from a brief (48 minutes) plenary sitting on 21 October 2019 (Video), the Assembly had not sat since 13 March 2017.

The Assembly was created by the Northern Ireland Act 1998.

Elections were held on 25 June 1998 and the Assembly first sat on 1 July 1998 but existed in "shadow" form until 2 December 1999 when full powers were devolved. Since then the Assembly has operated intermittently and has been suspended on five occasions - (for details see Wikipedia).

The 2017 breakdown

Brexit ~ Events week beginning 6 January

The House of Commons returned after the Christmas / New Year recess and dealt with the Committee and Third Stages of the European Union (Withdrawal Agreement) Bill - (see previous post).

Attempts to amend the Bill failed - see Parliament 7 January - Brexit Bill enters Committee Stage.  On 9 January, the unamended Bill passed its Third Reading (330 votes to 231) and will next be considered by the House of Lords - see Parliament - Lords debates the European Union (Withdrawal Agreement) Bill.  Consideration of  amendments is scheduled to take place on Wednesday 22 January. Royal Assent will follow and the way will then be clear for the UK government to ratify the Withdrawal Agreement. The European Parliament is scheduled to deal with ratification on 29 January. Once the Agreement is ratified by both the UK and the EU it will become a treaty binding in international law.

The House of Lords EU Select Committee

Queen's Speech ~ Constitution, Democracy and Rights Commission

It is to be hoped that we are not about to witness the "topping out" ceremony in the construction of the elective dictatorship .....

The Queen's Speech included creation of a "Constitution, Democracy and Rights Commission" (CDRC). Work will also be taken forward to repeal the Fixed-term Parliaments Act.  The Speech may be read via the No 10 Downing Street website and is accompanied by Briefing Notes (151 pages pdf). Both proposals were included in the Conservative Party's general election manifesto (previous post).  Unlike the proposal

2020 - Criminal Justice - a Royal Commission?

The first nation to mark the New Year was the Republic of Kiribati located in the Pacific Ocean. The last place, also in the Pacific Ocean, was American Samoa.  The International Date Line divides the two places. 2020 will be the year of transition from full UK membership of the EU to whatever new arrangements are put in place for 2021 onwards.  Parliament will be a busy place as the government's programme, set out in the Queen's Speech, is rolled out.

The Speech may be read via the No 10 Downing Street website and is accompanied by Briefing Notes (151 pages pdf). This post looks briefly at the immediate task facing Parliament in January and then considers the proposal in the Queen's Speech to set up a Royal Commission related to criminal justice.

Parliament resumes sitting