| Previous Section | Index | Home Page |
Two judgments were handed down by the High Court in relation to modification appeals under section 10(1) of the 2005 Act during this reporting period. In Secretary of State for the Home Department v. BM, judgment was
handed down on 3 July 2009. BM appealed against the decision of the Secretary of State to relocate him to a different town as part of a package of obligations designed to protect the public from a risk of terrorism. The court concluded that although it would have upheld the modification on the basis of the closed material, further disclosure of the closed reasons for the relocation was necessary to comply with article 6 of the ECHR. The Secretary of State decided not to make any further disclosure owing to the damage to the public interest that this would cause. The judge therefore directed the Secretary of State to revoke the modification. In Secretary of State for the Home Department v. BF a closed oral judgment was handed down at the hearing on 17 June 2009. The court directed the Secretary of State to modify BF's control order to require him to live at the residence in which he lived before his control order was modified to require him to live in a different town on the basis that the modification was not necessary.
Two judgments were handed down by the High Court during this reporting period in relation to modification appeals under section 10(3) of the 2005 Act. In Secretary of State for the Home Department v. AR, handed down on 15 July 2009, the court dismissed the appeal and upheld all the obligations subject to appeal as necessary and proportionate. AR has lodged an application for permission to appeal against the court's judgment. In Secretary of State for the Home Department v. AN, an oral judgment was handed down at the hearing on 10 September 2009. On the basis of the open material the court found that the requirement on him to live outside London was not necessary and proportionate, but left it open to the Secretary of State to apply to rely on closed material in the case. The Secretary of State subsequently confirmed that he did not wish to apply for permission to rely on closed material in these proceedings.
During this reporting period two judgments were handed down by the Court of Appeal in relation to control orders. In Secretary of State for the Home Department v. AP, the Court of Appeal handed down judgment on 15 July 2009. It found by a majority of 2:1 that the High Court judge had erred in his decision in AP's case that the combination of a 16-hour curfew with an obligation requiring him to relocate to a different city breached article 5 (right to liberty) of the ECHR. In Secretary of State for the Home Department v. GG, the Court of Appeal handed down a unanimous judgment on 23 July 2009. It dismissed the Secretary of State's appeal against a High Court ruling that the inclusion of an obligation in GG's control order requiring him to submit to a search of his person within his residence was unlawful. The Court of Appeal found that section 1 (3) of the PTA cannot be read as allowing the inclusion of such an obligation.
Full judgments are available at: http://www.bailii.org/.
Justice
Defamation and the Internet
The Parliamentary Under-Secretary of State for Justice (Bridget Prentice): On 16 September we are publishing a consultation paper on an issue concerning the civil law on defamation in relation to the internet.
This relates to the "multiple publication rule", under which each publication of defamatory material can form the basis of a new defamation claim, and its effects in relation to online archives. The paper considers the arguments for and against the rule and the alternatives of a single publication rule (which would allow only one claim to be brought in this jurisdiction against particular defamatory material), or the possible extension of qualified privilege to material on online archives in certain circumstances. It also considers in that context what limitation period for defamation claims would be appropriate.
Copies of the consultation paper will be placed in the Libraries of both Houses and can also be obtained free on the Department's website at: http://www.justice.gov.uk/consultations/consultations.htm. The closing date for consultation is 16 December 2009.
Youth Justice Board
The Minister of State, Ministry of Justice (Maria Eagle): In the "Modernising Government" White Paper, the Government made a commitment to bring all public services up to the standard of the best and to make the best even better. In line with this commitment my hon. Friend the Minister of State for Schools and Learners and I today announce a review of the Youth Justice Board's governance and operating arrangements.
The Youth Justice Board is an executive non-departmental public body established under the Crime and Disorder Act 1998 to take oversight of the youth justice system in England and Wales, including the secure estate for under 18-year-olds.
Since the Youth Justice Board's inception, the ways in which a wide range of services for young people are planned and delivered at a local level have changed significantly. In that context, the Government want to ensure that the Youth Justice Board can continue to support the delivery of the best outcomes for young people and their families and communities, as well as the wider public. The Government also want to ensure that these outcomes are delivered in ways that give the public value for money.
We have asked Dame Susan Street, former permanent secretary for the Department for Culture Media and Sport, to fulfil the role of independent chair of the review. She will chair the review jointly with Frances Done, chair of the Youth Justice Board. The review's full terms of reference are available at: www.yjb.gov.uk. We have asked the chairs to produce a report and recommendations by the end of February 2010. We expect to publish the report and the Government's response shortly thereafter.
The chairs will be supported by a steering group comprising senior officials from the Ministry of Justice, the Department for Children, Schools and Families, the Home Office, the Welsh Assembly Government and the Youth Justice Board. The chairs have today issued an invitation to interested parties to submit evidence that they consider relevant within the review's terms of reference.
Independent Parliamentary Standards Authority
The Secretary of State for Justice and Lord Chancellor (Mr. Jack Straw): I wish to update the House on progress on the implementation of the Independent Parliamentary Standards Authority (IPSA) as provided for in the Parliamentary Standards Act 2009.
On Thursday 10 September Mr. Speaker announced he had appointed an interim chief executive for the IPSA, and that the recruitment process for the IPSA chair and members was to begin. I warmly welcome the appointment of Andrew McDonald as IPSA's interim chief executive, and the progress being made in implementing the IPSA.
My Department has been working with the House of Commons and other interested parties to ensure that the early establishment of the IPSA remains on track. Any expenditure incurred by the Ministry of Justice on behalf of the IPSA that is properly due to the IPSA will be recovered, subject to Parliament's approval of the necessary new estimate for the IPSA, ensuring IPSA's independence. A new estimate for IPSA will be presented shortly as part of the winter supplementary estimates for 2009-10.
Local Land Charges Register (Search Fees)
The Parliamentary Under-Secretary of State for Justice (Bridget Prentice): I am today announcing the outcome of the joint Ministry of Justice and Department for Communities and Local Government consultation on Local Authority Property Search Services-Charges for Property Search Services as it relates to the fee for a personal search of the local land charges register in England. The paper sought views on how and by whom the fee should be set and whether the present fee should be changed. Eight hundred and fifty-eight responses were received. They have been carefully considered and the following decisions reached.
First, there should be no change in the present arrangements for the setting of the fee for the time being. Secondly, the present fee will be increased from £11 to £22 for personal searches of the local land charges register conducted on or after 1 January 2010. I have, with the concurrence of HM Treasury, made and laid the Local Land Charges (Amendment) Rules 2009 to give effect to the change.
The Ministry of Justice will today publish a post-consultation report in relation to the consultation and its outcome. Copies of the report Local Authority Property Search Services-Charges for Property Search Services-The Fee for a Personal Search of the Local Land Charges Register have been placed in the Libraries of both Houses.
Transport
Motor Insurance
The Parliamentary Under-Secretary of State for Transport (Paul Clark): I have issued today a report in response to public consultation for a scheme of continuous enforcement of motor insurance. The scheme proposes the enforcement of statutory motor insurance by comparing information already held on the Driver and Vehicle Licensing Agency's (DVLA) vehicle register and the motor insurance database maintained by the Motor Insurers' Bureau. The scheme enables identification of a greater number of potentially uninsured motorists than does relying on the police spotting them on the road. In the future registered keepers who do not have appropriate insurance will be committing an offence and may, if they fail to take action following the receipt of a reminder letter, be subject to enforcement action by the DVLA.
I have placed copies of the report in the Libraries of both Houses.
Heavy Goods Vehicles (Retro-reflective Markings)
The Parliamentary Under-Secretary of State for Transport (Paul Clark): In answer to parliamentary question 136910, 15 May 2007, Official Report, column 465 asking when retro-reflective markings would become mandatory for newly registered heavy goods vehicles, the then Minister of State for Transport, the hon. Member for South Thanet (Dr. Ladyman), stated this would be 10 October 2009.
In view of the current economic situation I am announcing that, to reduce regulatory costs on vehicle manufacturers and the haulage industry, this measure will not now become mandatory for new vehicle registrations until 10 July 2011.
Other regulatory simplification measures on vehicle lighting due to be implemented at the same time will continue to be implemented at the earliest opportunity.
| Index | Home Page |