Pupil Barrister

Tag: Liberty (Page 1 of 2)

Appealing a Court of Protection Judgment

Over at the Open Justice Court of Protection Project, I have written a long explainer about appeals in the Court of Protection.


Any contested hearing in the Court of Protection will leave at least one party disappointed by the outcome.

Often, the disappointed party (whether that is a family member, a public body, or the protected person themselves) will accept the judge’s decision and work within the terms of the order that has been made.

On other occasions, the disappointed party may consider that the judge has made a mistake which may be corrected on appeal.

This post offers a basic introduction to Court of Protection appeals. It covers (1) the general principles that govern appeals and why appeals fail at an early stage (2) the procedure for making an appeal and some common reasons and (3) some alternatives to an appeal.

Visit the Open Justice Court of Protection Project blog to read the whole thing.

Damian Green Warns of 'The Coercive Power Of The State'

Damain Green has blasted the Government’s overreach into our private lives:

I’ve had personal experience of the coercive power of the state.  If freedom was going to die out in this country it was never going to be because of some dramatic seizure of power by a dictator, it would always come about through the gradual erosiuon of the individual freedoms and privacy that we have all taken for granted all our lives.  And whether the excuse is the war on terror or the desire to provide better public services, that erosion is precisely what we are seeing today.

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Why do our leaders dismiss our fears over civil liberties?

It seems to be a cast iron rule of politics that our leaders will become more authoritarian when they take office.  The standard explanation for this is that they simply become drunk on power.  But at the Time for A Digital Bill of Rights? parliamentary meeting yesterday, Liberal Democrat MP Tim Farron gave a more nuanced explanation:

No-one will assent to rules that imply that they may abuse their power.

There is a tendency in the debate around mass surveillance to attribute malign motives to everyone in government and the security services.  This in turn alienates those in power, and promotes the belief that civil liberties campaigners are shrill, paranoid exaggerators! So this alternative formulation, which avoids the cod-psychological explanations about power, corruption, and malign motives, is very welcome.
Farron went on to point out that this does not absolve those politicians of blame for neglecting civil liberties.  What they forget, he said, is that our laws need to be constructed so as to protect citizens from future corrupt governments.  This rather obvious point is often lost on Ministers who are concerned with the here-and-now.
 

Are Human Rights a vote winner?

Writing in the New Statesman, Labour Shadow Justice Secretary Sadiq Khan brazenly declares that the Liberal Democrat’s record in Government has left Labour as the party of civil liberties. This has kicked off predictable outrage from Lib Dem activists and in the comments, with most people citing the poor record of the last Labour government.
Despite the Blair Government’s terrible approach to civil liberties and counter-terrorism, its wrong to call Khan a hypocrite. For starters, he was one of the Labour rebels who voted against Tony Blair’s 90-day detention policy, back in 2005. More recently, he has admitted the party’s mistakes on human rights and civil liberties. Part of his Charter 88 anniversary lecture was a scathing critique of the last Labour Government’s approach:

And I hold up my hands and admit that we did, on occasions, get the balance wrong. On 42 and 90 days, and on ID cards, where the balance was too far away from the rights of citizens… On top of this, we grew less and less comfortable with the constitutional reforms we ourselves had legislated for. On occasions checked by the very constitutional reforms we had brought in to protect people’s rights from being trampled on. But we saw the reforms as an inconvenience, forgetting that their very awkwardness is by design. A check and balance when our policies were deemed to infringe on citizens’ rights.

If an opposition spokesperson says this, I think they ward off the charge of hypocrisy when they subsequently criticise the civil liberties failings of the Governing coalition. We want political parties to admit their mistakes and reverse their policies, don’t we? Whether the voters believe Labour or not is another matter, but I think the fact that the spokesman is someone who was a Government rebel on 90 days, and who has been a target of surveillance himself, make Labour’s position that little bit more credible. Yvette Cooper, the Shadow Home Secretary, included similar nostra culpas in her Demos speech on security and surveillance.
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Yvette Cooper on Liberty as a Labour Value

Last week I was at a Demos #ResponsibleSecurity event in London for a speech by the Shadow Home Secretary, Yvette Cooper MP, on the balance between Liberty and Security in a modern democracy [full text].  It was a timely intervention on a crucial debate.  Of course the revelations about widespread and illegal government surveillance are still in the news, and there had been recent, appalling revelations that the family of Stephen Lawrence had been bugged by the police.  However, it has also been said that stronger surveillance measures might have prevented the murder of Drummer Lee Rigby in Woolwich.
Cooper said that Labour’s approach to balancing a need for security with our human rights and civil liberties would be based on evidence.  By this measure, she said, the attempt by the last Labour Government to extend detention without charge first to 90 days and then to 42 days, was wrong: “The politics of security had become more important than the evidence.”  She also said Labour had also failed to stop the powers granted within the Regulation of Investigatory Powers Act (RIPA) from being abused by local authorities, and that they should have done something to mitigate the effect on ethnic minorities of the stop-and-search laws.
Cooper praised the current Government for trying to fix RIPA and the stop-and-search problems, but criticised them for introducing new laws without proper checks-and-balances on state power.  She cited the recent Communications Data Bill (a.k.a. The Snoopers’ Charter) and the appalling new secret courts as examples of this. Continue reading

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