Great Britain: Parliament: Joint Committee on the Draft Defamation Bill's Books

Draft Defamation Bill

session 2010-12 report, together with formal minutes

By: Great Britain: Parliament: Joint Committee on the Draft Defamation Bill

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Draft Defamation Bill

session 2010-12 report, together with formal minutes

By: Great Britain: Parliament: Joint Committee on the Draft Defamation Bill

The Joint Committee on the Draft Defamation Bill welcomes many of the reforms proposed in the draft Bill. However, the report proposes many detailed amendments to the defences available against libel claims, mainly designed to strike a fairer balance between the protection of reputation and freedom of speech. For example, greater protection is proposed for scientists and academics writing in peer-reviewed articles. The Government's proposals do not do enough to address the key problems in defamation law - the "unacceptably" high costs which make access to justice difficult for many. The Committee proposes a series of reforms aimed at ensuring that disputes are generally resolved rapidly by mediation or arbitration, rather than via the courts. An essential step in encouraging early resolution of disputes is the abolition of jury trials in defamation actions, in all but exceptional cases. Judges will then be required to take key decisions affecting the outcome of the case at an early stage, before massive legal costs are incurred. Trivial cases should be weeded out at an early stage. A new notice and take-down procedure for the internet is proposed. Internet hosts gain the protection of the law provided they act responsibly by following the new procedure. Any anonymous postings must be taken down upon complaint, unless authors are prepared to identify themselves or there is an overriding public interest in publication. Furthermore, is should be made more difficult for companies to use their financial muscle and the threat of court action to silence critics.

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ISBN 10

0108473813

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9780108473814

Parliamentary privilege

By: Great Britain: Office of the Leader of the House of Commons

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Parliamentary privilege

By: Great Britain: Office of the Leader of the House of Commons

Parliamentary privilege ensures that Members of Parliament are able to speak freely in debates, and protects Parliament's internal affairs from interference from the courts. Following (failed) attempts by some MPs to use parliamentary privilege to avoid prosecution for expenses fraud, the Government felt the time was right for a comprehensive review of the privileges of Parliament. Freedom of speech is arguably the most important privilege: a member must be able to speak or raise a matter without fear of a criminal or civil liability. The Government does not feel it necessary to change the protection of privilege in civil cases, nor in relation to injunctions or super-injunctions. But it is open to question whether parliamentary privilege should ever prevent members being successfully prosecuted for criminal offences. The paper consults on whether privilege should be disapplied in cases of alleged criminality, though not in respect of speeches in Parliament. The second major privilege is that of exclusive cognisance: the right of each House to regulate its own proceedings and internal affairs without interference from any outside body including the courts. This includes the conduct of its Members, and of other participants such as witnesses before select committees. Recent court judgments make clear that statute law on employment, health and safety etc do apply to Parliament providing the law would not interfere with Parliament's core functions. The green paper also consults on extending and strengthening select committee powers. A final section covers other miscellaneous privileges.

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010183182X

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9780101831826

The Government's response to the report of the Joint Committee on the Draft Defamation Bill

By: Great Britain: Ministry of Justice

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The Government's response to the report of the Joint Committee on the Draft Defamation Bill

By: Great Britain: Ministry of Justice

Government response to HL 203/HC 930-I, session 2010-12 (ISBN 9780108473814). The draft Defamation Bill was included in Cm. 8020 (ISBN 9780101802024)

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0101829523

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9780101829526

Sessional Returns

Session 2010-12, 25 May 2010 - 1 May 2012

By: Great Britain: Parliament: House of Commons

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Sessional Returns

Session 2010-12, 25 May 2010 - 1 May 2012

By: Great Britain: Parliament: House of Commons

On cover and title page: House, committees of the whole House, general committees and select committees

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442

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0215048385

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9780215048387

Select Committee Effectiveness, Resources and Powers

Second Report of Session 2012-13, Vol. 1: Report, Together with Formal Minutes, Oral and Written Evidence

By: Great Britain: Parliament: House of Commons: Liaison Committee

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Select Committee Effectiveness, Resources and Powers

Second Report of Session 2012-13, Vol. 1: Report, Together with Formal Minutes, Oral and Written Evidence

By: Great Britain: Parliament: House of Commons: Liaison Committee

Drawing on reports from committees, evidence from outside observers and academic research, this report concludes that two years after the general election and the Wright reforms, the evidence is "broadly encouraging" - although committees face some obstacles and there is room for improvement. The "old doctrine by which ministers alone are accountable to Parliament for the conduct of their department is being stretched to implausibility and there is a need for a changed approach. It recommends that the Government engage with the Liaison Committee in a review of the relationship between Government and select committees with the aim of producing joint guidelines for departments and committees, which recognise ministerial accountability, the proper role of the Civil Service and the legitimate wish of Parliament for more effective accountability. The report also makes numerous recommendations for Committees, including: that they be forward-looking in scrutiny of departmental performance, devoting less effort to raking over the coals of past events unless there are lessons to be learnt; give more attention to the financial implications of departmental policy and how departments assess the effectiveness of their spending; experiment with different approaches to evidence-taking, broaden the range of witnesses, and make more use of commissioned research; follow up recommendations to ensure that reports have impact and report to the House at least once each Session on what has been done The Committee intends to ask the Backbench Business Committee for time for a debate in the House of Commons on a motion endorsing its conclusions and recommendations

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0215049888

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9780215049889

The future of investigative journalism

3rd report of session 2010-12, report

By: Great Britain: Parliament: House of Lords: Select Committee on Communications

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The future of investigative journalism

3rd report of session 2010-12, report

By: Great Britain: Parliament: House of Lords: Select Committee on Communications

The Future of Investigative Journalism: Report (HL 256) concludes that news organizations, regulators and relevant legal bodies need to make important changes if the future of investigative journalism is to be assured. The Committee recommends that media organizations introduce an audit trail to track and record their decisions: firstly, to commence an investigation, and secondly to publish a story. Legal clarity and consistency is also required. Guidelines should be published by the prosecuting authorities to help media outlets decide whether conducting an investigation or publishing a story could lead to prosecution. The Committee further suggests that funding models need to be flexible and creative. Fines for breaches of regulatory codes could be allocated to a special fund reserved for the financing of investigative journalism or training. All Public Relations practitioners should abide by a clear code of behavior, potentially overseen by a t

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010847528X

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9780108475283

House of Lords - House of Commons - Joint Committee on Human Rights: Legislative Scrutiny: Transparency of Lobbying, Non-Party campaigning and Trade Union Administration Bill - HL 61 - HC 755

Transparency of Lobbying, Non-party Campaigning and Trade Union Administration Bill, Fifth Report of Session 2013-14, Report, Together with Formal Minutes and Written Evidence

By: Great Britain: Parliament: Joint Committee on Human Rights

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House of Lords - House of Commons - Joint Committee on Human Rights: Legislative Scrutiny: Transparency of Lobbying, Non-Party campaigning and Trade Union Administration Bill - HL 61 - HC 755

Transparency of Lobbying, Non-party Campaigning and Trade Union Administration Bill, Fifth Report of Session 2013-14, Report, Together with Formal Minutes and Written Evidence

By: Great Britain: Parliament: Joint Committee on Human Rights

While it accepts that there may be a pressing need to reform non-party campaigning, the report Legislative Scrutiny: Transparency Of Lobbying, Non-party Campaigning And Trade Union Administration Bill (HL 61, HC 755) calls on the Government to pause the passage of the Transparency of Lobbying, Non-party Campaigning and Trade Union Administration Bill to allow for further scrutiny and for further consultation with the Electoral Commission, the Commission on Civil Society and Democratic Engagement and relevant stakeholders. The report recommends that there be more careful consideration of the potential impact on campaigners' rights to free speech and freedom of association. The Committee welcomes the Government improvements made to Part 2 during its passage though the Commons, but suggest that concerns remain. The Joint Committee express concerns regarding: the lack of clarity about the practical effects of the provision in this Part of t

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0108551385

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9780108551383

House of Lords - House Of Commons - Joint Committee on Human Rights: Legislative Scrutiny: Anti-Social Behaviour, Crime and Policing Bill - HL 56 - HC 713

Anti-social Behaviour, Crime and Policing Bill, Fourth Report of Session 2013-14, Report, Together with Formal Minutes and Written Evidence

By: Great Britain: Parliament: Joint Committee on Human Rights

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House of Lords - House Of Commons - Joint Committee on Human Rights: Legislative Scrutiny: Anti-Social Behaviour, Crime and Policing Bill - HL 56 - HC 713

Anti-social Behaviour, Crime and Policing Bill, Fourth Report of Session 2013-14, Report, Together with Formal Minutes and Written Evidence

By: Great Britain: Parliament: Joint Committee on Human Rights

The Joint Committee on Human Rights accepts the need for a counter-terrorism power to stop, question and search travellers at ports and airports without reasonable suspicion, but calls for a reasonable suspicion threshold to be introduced for the more intrusive powers such as detention, searching and copying the contents of personal electronic devices like mobile phones and laptops, and taking biometric samples. The Committee welcomes the improvements made to the powers in Schedule 7 of the Terrorism Act 2000 to stop, question, search and detain at ports, but still considers that a number of significant human rights compatibility concerns remain with those powers even after the changes have been made. The Committee recommends a number of other amendments to the Bill with regards to preventive measures against anti-social behaviour. Whilst cautiously welcoming the Bill's provision to criminalise forced marriage, the Committee believes the new law must be implemented and monitored carefully to ensure that it is not counter-productive for victims. The Committee also recommends additional measures to protect against the potential for prolonged retention of DNA and other personal samples in criminal investigations.

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108

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0108551369

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9780108551369

House of Lords - House of Commons - Joint Committee on Human Rights: Legislative Scrutiny: Immigration Bill (Second Report) - HL142, HC 1120

By: Great Britain: Parliament: Joint Committee on Human Rights

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House of Lords - House of Commons - Joint Committee on Human Rights: Legislative Scrutiny: Immigration Bill (Second Report) - HL142, HC 1120

By: Great Britain: Parliament: Joint Committee on Human Rights

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0108553442

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9780108553448

Legislative Scrutiny

Defamation Bill, Seventh Report of Session 2012-13, Report, Together with Formal Minutes and Written Evidence

By: Great Britain: Parliament: Joint Committee on Human Rights

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Legislative Scrutiny

Defamation Bill, Seventh Report of Session 2012-13, Report, Together with Formal Minutes and Written Evidence

By: Great Britain: Parliament: Joint Committee on Human Rights

One of the Defamation Bill's main provisions is the introduction of a statutory defence for responsible publication in the public interest, which would put in place a checklist of factors for consideration by the court. The Committee considers the proposed defence to be inflexible and suggests an alternative formulation which would use a test of "reasonable belief that the publication was in the public interest", that it believes will provide greater clarity and flexibility. The Committee is also concerned that another proposed defence for website operators - available where they do not author content and either facilitate contact with the author or remove material where they cannot establish contact - could create a 'chilling effect' for material online. It recommends that the threshold for such material be raised from defamatory to unlawful to protect against that threat. The Committee also: calls for the Government to provide reassurance that those publishing defamatory material will be properly protected by the proposed clause establishing a "single publication rule" - if it cannot, the Committee encourages the Government to explore an alternative defence of "non-culpable republication"; recommends that the Bill be amended to ensure that corporate claimants can sue only where there is substantial financial loss incurred; and welcomes the Government's work with the Civil Justice Council to consider the legal aid regime in the area, but stresses the need for a solution to ensure that all persons, regardless of financial means, can access justice in defamation proceedings

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010849389X

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9780108493898

House of Lords - House of Commons - Joint Committee on Human Rights: Legislative Scrutiny: Offender Rehabilitation Bill - HL 80 - HC 829

Offender Rehabilitation Bill, Sixth Report of Session 2013-14, Report, Together with Formal Minutes

By: Great Britain: Parliament: Joint Committee on Human Rights

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House of Lords - House of Commons - Joint Committee on Human Rights: Legislative Scrutiny: Offender Rehabilitation Bill - HL 80 - HC 829

Offender Rehabilitation Bill, Sixth Report of Session 2013-14, Report, Together with Formal Minutes

By: Great Britain: Parliament: Joint Committee on Human Rights

This report welcomes the Bill's potentially human rights enhancing objectives of taking measures to protect the public from crime, at the same time as focusing on rehabilitation and extending positive support to those vulnerable people who receive short-term prison sentences. However, it remains concerned that insufficient information was provided by the Government (i) to demonstrate the compatibility of the provisions of the Bill with relevant international standards other than the ECHR and (ii) to support its assertion that the proposals have been considered fully in line with the requirements of the Equality Act 2010. The Committee calls on the Government to publish the information which demonstrates this without delay. The Committee welcomes the Government's assurance that private providers of probation services are obliged to act compatibly with human rights law but recommends that there should be statutory provision in the Bill setting out the providers' duties. The Committee calls on the Government to develop clear guidance on the human rights obligations of private probation providers, and to set out how it will monitor the performance of the contracted providers in this regard

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0108551512

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9780108551512

House of Lords - House of Commons - Joint Committee on Human Rights: The Implications for Access to Justice of the Government's Proposals to Reform Legal Aid - HL 100 - HC 766

Seventh Report of Session 2013-14, Report, Together with Formal Minutes

By: Great Britain: Parliament: Joint Committee on Human Rights

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House of Lords - House of Commons - Joint Committee on Human Rights: The Implications for Access to Justice of the Government's Proposals to Reform Legal Aid - HL 100 - HC 766

Seventh Report of Session 2013-14, Report, Together with Formal Minutes

By: Great Britain: Parliament: Joint Committee on Human Rights

The report The Implications For Access To Justice Of The Government's Proposals To Reform Legal Aid (HL100, HC 766) concludes that the government should reconsider its proposals for the reform of legal aid. The government has so far made welcome exemptions to its proposed residence test in the light of responses to its consultation, but the Committee is still not satisfied that the proposed test will not affect vulnerable groups. While accepting that it is legitimate for the government to introduce a residence test for civil legal aid and to restrict the scope of prison law funding, the Committee calls for more and broader exemptions from these proposals to avoid breaches of the fundamental right of effective access to justice in individual cases. The exceptional funding framework may not be working as intended and could therefore leave certain groups unable to access legal aid when human rights law requires it. The proposal to remove cases with

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0108551636

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9780108551635

Draft Constitutional Renewal Bill

Vol. 2: Evidence

By: Bernan,Great Britain. Parliament. Joint Committee on the Draft Constitutional Renewal Bill

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Draft Constitutional Renewal Bill

Vol. 2: Evidence

By: Bernan,Great Britain. Parliament. Joint Committee on the Draft Constitutional Renewal Bill

The draft Bill and White Paper were included in Cm. 7342-I,II,III (ISBN 9780101734226) which follows the Green paper issued in July 2007, Cm. 7170 (ISBN 9780101717021) and various other Governance of Britain papers

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452

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0104013508

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9780104013502

House of Lords - House Of Commonos - Joint Commmittee on Human Rights: Legislative Scrutiny: Immigration Bill - HL 102 - HC 935

Immigration Bill, Eighth Report of Session 2013-14, Report, Together with Formal Minutes

By: Great Britain: Parliament: Joint Committee on Human Rights

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House of Lords - House Of Commonos - Joint Commmittee on Human Rights: Legislative Scrutiny: Immigration Bill - HL 102 - HC 935

Immigration Bill, Eighth Report of Session 2013-14, Report, Together with Formal Minutes

By: Great Britain: Parliament: Joint Committee on Human Rights

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.

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0108551687

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9780108551680

Human rights of unaccompanied children and young people in the UK

first report of session 2013-14, report, together with formal minutes

By: Great Britain: Parliament: Joint Committee on Human Rights

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Human rights of unaccompanied children and young people in the UK

first report of session 2013-14, report, together with formal minutes

By: Great Britain: Parliament: Joint Committee on Human Rights

In 2012 around 1,200 unaccompanied migrant children sought asylum in the UK, and around 2,150 unaccompanied migrant children were being cared for by local authorities. The Committee heard evidence of the range of issues that unaccompanied migrant children face during their time in the country. Children who had often faced traumatic journeys, many of whom are fleeing violence or who have been subject to abuse and exploitation, faced intensive interviews on arrival for which there were too rarely interpreting facilities available. There was also evidence of children being placed in inappropriate accommodation facilities without suitably trained staff to provide support, which was a point of particular anxiety where children were victims of trafficking. Concerns were also expressed about the educational services provided, with delays in enrolment due to documentation and too little development as language skills improved. These concerns built upon those expressed in a recent inquiry by Members of both Houses regarding destitution and inadequate support. The Committee concludes that, despite the rights to protection and support owed to those children by the UK under the UN Convention on the Rights of the Child, immigration concerns are too often given priority. The report calls for a change in emphasis to put the best interests of such children at the heart of the often complex and stressful asylum and immigration processes affecting them.

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0108550982

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9780108550980

Police searches on the Parliamentary Estate

first report of session 2009-10, report, together with formal minutes, oral and written evidence

By: Great Britain: Parliament: House of Commons: Committee on Issue of Privilege

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Police searches on the Parliamentary Estate

first report of session 2009-10, report, together with formal minutes, oral and written evidence

By: Great Britain: Parliament: House of Commons: Committee on Issue of Privilege

Incorporating HC 1040-i, ii and ii, session 2008-09. About the police search on 27 November 2009 of the Parliamentary offices of Damian Green MP, who had been leaked some restricted papers by a Home Office official

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258

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0215545044

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9780215545046

Privacy and injunctions

report, together with formal minutes, minutes of evidence and appendices

By: Great Britain: Parliament: Joint Committee on Privacy and Injunctions

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Privacy and injunctions

report, together with formal minutes, minutes of evidence and appendices

By: Great Britain: Parliament: Joint Committee on Privacy and Injunctions

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

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108

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0108475719

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9780108475719

The Implications for Access to Justice of the Government's Proposals to Reform Judicial Review - HL 174, HC 868

By: Great Britain: Parliament: Joint Committee on Human Rights

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The Implications for Access to Justice of the Government's Proposals to Reform Judicial Review - HL 174, HC 868

By: Great Britain: Parliament: Joint Committee on Human Rights

According to the report The Implications For Access To Justice Of The Government's Proposals To Reform Judicial Review HC (868), the number of judicial reviews has remained remarkably steady when the increase in the number of immigration judicial reviews (now handled by the Upper Tribunal) is disregarded. The report covers: procedural defects and substantive outcomes; legal aid for judicial review cases; interveners and costs; capping of costs (protective costs orders); alternatives to the Government's judicial review reforms; judicial review and the public sector equality duty.

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0108554465

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9780108554469

The Government's response to the report of the Joint Committee on the Draft Defamation Bill

By: Great Britain: Ministry of Justice

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The Government's response to the report of the Joint Committee on the Draft Defamation Bill

By: Great Britain: Ministry of Justice

Government response to HL 203/HC 930-I, session 2010-12 (ISBN 9780108473814). The draft Defamation Bill was included in Cm. 8020 (ISBN 9780101802024)

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0101829523

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9780101829526

The Draft Charities Bill

Vol. 3: Written Evidence

By: Great Britain. Parliament. Joint Committee on the Draft Charities Bill

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The Draft Charities Bill

Vol. 3: Written Evidence

By: Great Britain. Parliament. Joint Committee on the Draft Charities Bill

Draft Charities Bill : Vol. 3: Written Evidence

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360

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0104005335

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9780104005330

Legislative Scrutiny Update

Ninth Report of Session 2012-13, Report, Together with Formal Minutes and Written Evidence

By: Great Britain: Parliament: Joint Committee on Human Rights

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Legislative Scrutiny Update

Ninth Report of Session 2012-13, Report, Together with Formal Minutes and Written Evidence

By: Great Britain: Parliament: Joint Committee on Human Rights

This report provides an update on the the progress of the Committee's lagislative scrutiny work as the end of the Parliamentary session approaches. It identifies the bills still under scrutiny - Children and Families Bill, the Marriage (Same Sex Couples) Bill and the Energy Bill, all carried over to the next session - the bills cleared, and the bills the Committee have not been able to scrutinize properly. The Committee makes recommendations as to how obstacles to effective scrutiny can be overcome.

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010855063X

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9780108550638

Work of the Committee in 2008-09: Second Report of Session 2009-10 Report, Together with Formal Minutes and Written Evidence

House of Lords Paper 20 Session 2009-10

By: Great Britain. Parliament. Joint Committee on Human Rights

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Work of the Committee in 2008-09: Second Report of Session 2009-10 Report, Together with Formal Minutes and Written Evidence

House of Lords Paper 20 Session 2009-10

By: Great Britain. Parliament. Joint Committee on Human Rights

A report that provides an overview of the Committee's work during the 2008-09 parliamentary session and draws attention to improvements to the human rights landscape in the UK which it has commended in reports during the year. It also mentions a number of continuing areas for concern.

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222

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0108459241

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9780108459245

Privilege

hacking of members' mobile phones, fourteenth report of session 2010-11, report and appendix, together with formal minutes, oral and written evidence

By: Great Britain: Parliament: House of Commons: Committee on Standards and Privileges

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Privilege

hacking of members' mobile phones, fourteenth report of session 2010-11, report and appendix, together with formal minutes, oral and written evidence

By: Great Britain: Parliament: House of Commons: Committee on Standards and Privileges

This report does not look into specific allegations of hacking, some of which are currently under investigation by the prosecuting authorities or may become the subject of judicial review. Instead it considers whether hacking of MPs' mobile phones, if it has occurred, may be a contempt of Parliament. The committee has concluded that there could potentially be a contempt if the hacking can be shown to have interfered with the work of the House or to have impeded or obstructed an MP from taking part in such work, or where a series of acts of hacking can be shown that the hacking has interfered with the work of the House by creating a climate of insecurity for one or more MPs. It is proposed that the draft Privileges Bill should include a definition of what is meant by 'contempt of Parliament' and that the Bill should codify Parliament's powers to impose sanctions, including a power for the House of Commons to fine. The committee points out that hacking is an offence under the criminal law and that civil law remedies may be available to MPs, just as they are available to others. It suggests that MPs and the House should pursue legal remedies in preference to proceeding against hackers and that only in exceptional circumstances should a hacker who has been brought before a court of law be proceeded against subsequently for contempt. In the view of the committee, there should be no special provision made to provide MPs or Parliament with remedies through the courts that are not available to others

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