Human Rights – Page 46 – Slugger O'Toole

“depends on the clinical judgment of the medical practitioner”

Pete Baker on January 18, 2007, 3:20 am

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In October 2001 the Family Planning Association was given leave for a judicial review of the Department of Health’s refusal to issue clear guidelines on how pregnancy terminations are provided under existing law. In October 2004 “three senior judges ordered the Department of Health to draw up guidelines on when abortions can be carried out under existing law.” And finally, today, the Department of Health announced they had, eventually, issued those guidelines.. in draft form.. “to health professionals and interested …

Soft landing after all for Peter Hain

Pete Baker on January 15, 2007, 4:05 pm

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Despite the initial ruling of Mr Justice Girvan, and the Attorney-General’s ongoing inquiry, it’s being reported that today Mr Justice Girvan has decided not to quash the appointment of Interim Victims Commissioner Bertha McDougall and he stated that “As a matter of common sense and practicality it would be desirable for Mrs McDougall to be able to complete work on her report.” – that looks like the compromise which was rejected before Christmas. [so much for futuring – Ed] I’ll …

It’s for your own good..

Pete Baker on January 8, 2007, 10:09 pm

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If the reports accurately reflect the judge’s decision it’s an interesting shift in emphasis. Ihab Shoukri’s third bail application on charges of “membership of the the UDA and UFF and professing to belonging to those organisations” has been denied. Previously, in July, Belfast High Court Lord Justice Nicholson had said that “he was concerned that if Shoukri was granted bail he would be a danger to the community and there would be public disorder” when denying the application. This time, …

The director will not be required to answer to the assembly..

Pete Baker on January 5, 2007, 8:31 pm

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With a target date pencilled in, pending delivery, for the devolution of policing and justice powers Newton Emerson has been thinking about what those powers will be, or rather what they won’t be. He’s looked at the best available guide from the NIO in February 2006, which formed the basis of discussions during the summer, and spots an area of interest, the Public Prosecution Service, where operational decisions continue to be the subject of debate. [added link]From the invaluable Newshound …

“This tragedy..”

Pete Baker on January 3, 2007, 8:31 pm

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Sinn Féin’s Gerry Adams has claimed he wants “to make 2007 the year this matter is finally resolved for these families.” ‘This matter’ being the “human rights violation” that was the secret burials of those abducted and murdered by the Provisional IRA in the 1970s. It’s not entirely clear why the statement is being made now, but the repeated references to the government-appointed forensic expert meeting, and visiting sites, with “individuals with primary knowledge” just emphasises the fact that the …

NI Labour Party members put pressure on party

Pete Baker on December 22, 2006, 7:14 pm

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I don’t know what, if anything, the Secretary of State for Wales, etc, said at the scheduled meeting of Labour Party Members living in Northern Ireland in October, or if he turned up at all.. but he might want to schedule another one quickly, especially if he wants to keep the trade unions onside for that campaign. As UTV report, Andy McGiven has instructed his solicitors to take the legal action against the Labour Party over the treatment of its …

No soft landing for Peter Hain

Pete Baker on December 22, 2006, 12:22 am

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The legal representatives of the Secretary of State for Wales, etc, Peter Hain, have had a busy day. Not only were they in the High Court to hear Mr Justice Deeny rule that Peter Hain had acted unlawfully in regard to the Billy Wright inquiry, but they were also in front of Mr Justice Girvan, who has already had his call for an inquiry into those misleading affidavits answered by the Attorney-General. This time Mr Justice Girvan was to rule …

“the decision does not involve a personal criticism of the decision-maker”

Pete Baker on December 21, 2006, 6:47 pm

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While we await the findings of the inquiry into the actions of the Secretary of State for Wales, etc during one judicial review, today in Belfast High Court Mr Justice Deeny has ruled that Peter Hain had acted unlawfully in changing the terms of reference for the inquiry into the murder of Billy Wright, previously mentioned here. According to the UTV report, Mr Justice Deeny said that Peter Hain, perhaps, had been wrongly advised – ruling not yet online [Another …

“the decision of the Court of Appeal cannot be supported”

Pete Baker on December 13, 2006, 5:26 pm

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Interesting news from the House of Lords on a long-running case involving a 2004 High Court ruling, by Mr Justice Girvan, and a subsequent 2005 Appeal Court ruling in favour of the Parades Commission, which touches on best practice in government and “the obligation resting on a public authority to make candid disclosure to the court of its decision making process” – [which has been mentioned in a similiar context – Ed]. The Law Lords have unanimously ruled, in a …

Rights debate too close to call?

Pete Baker on December 12, 2006, 2:27 am

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Perhaps the most interesting aspect of the controversial debate this morning in the transitional assembly, when the arguments had been over-rehearsed, was in the votes. The motion fell with the votes tied 39 – 39.. but it’s been claimed that that only happened because the vote of former SF MLA Michael Ferguson, who died earlier this year, was counted against the motion [we’ll have to wait to see the transcript to check that Update Transcript confirmed]. But that could only …

draft Policing (Miscellaneous Provisions) (NI) Order 2007 – the small print

Pete Baker on December 5, 2006, 1:35 am

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One of the two NIO ministers named as part of Peter Hain’s campaign team, Security Minister Paul Goggins announces a 7 week consultation period on yet another Order in Council. This time it’s on policing – the “draft Policing (Miscellaneous Provisions) (NI) Order 2007”[pdf file]. Ostensibly on the introduction of Police Community Support Officers (PCSOs) throughout Northern Ireland, a move I’m not entirely sold on, the Order also contains some other admissions and amendments to legislation – contained in explanatory …

“A safe and valid conclusion”

Pete Baker on November 29, 2006, 8:46 pm

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The Irish Times fills in some of the details[subs req] – also available in this RTÉ report[RealPlayer audio] – from the Irish Court of Criminal Appeal’s dismissal of appeals by two Dublin Sinn Féin members, Niall Binéad, a former secretary of a south Dublin Sinn Féin cumann, and Kenneth Donohoe, against their convictions for IRA membership in 2004. – see also yesterday’s RTÉ reportFrom the Irish Times report Niall Binéad (36), Faughart Road, Crumlin, and Kenneth Donohoe (27), Mountain View, …

New Rights for Human Rights Commission

Pete Baker on November 25, 2006, 1:52 am

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Another NIO statement, this time on their response to the consultation on extending the powers of the NI Human Rights Commission – full response document here[pdf file]. The statement links this response to the St Andrews Agreement… but the consultation was announced in November 2005, and ended in February this year, and the process has been ongoing since 2001.. ANYway.. there is one main addition to the proposals the government made back in November 2005 – “the power to rely …

Rushing the Rights Hurdle

Pete Baker on November 14, 2006, 8:41 pm

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The NIO [man with a hundred job titles – Ed] Human Rights Minister David Hanson has announced a short period of consultation on the remit and membership of a Bill of Rights Forum. Make that very short. You have until 28th November to respond. Consultation document here[pdf file] The first meeting is already scheduled to take place on 11th December. Interestingly the document refers to the recent agreement in the Preparation for Government Committee and the report it produced.. although …

Sinn Féin blocks PfG Report.. and any further debate..

Pete Baker on September 21, 2006, 8:10 pm

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Perhaps surprisingly, this doesn’t seem to have made much of a noise in the wider arena. But the Hansard record of Hain’s the Preparation for Government Committee meeting on 15th September, ostensibly to discuss the draft report on Rights; Safeguards; Equality Issues and Victims, couldn’t be clearer [or should that be more confused? – Ed]. After a closed session, in which the Committee agreed what was in the actual report, Hansard started recording again.. and that’s when the trouble started.. …

Irish President supports the Rule of Law

Pete Baker on September 20, 2006, 11:36 pm

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Not, in itself, a startling headline.. but in addressing the Law Society of England and Wales on the theme of ‘Lawyers’ independence, the Rule of Law and national security – striking the balance’, I wonder if President Mary McAleese thought at all about her role, among many others, in ensuring that legal professionals and the courts are able to help to safeguard public confidence here. And I wonder if anyone in the audience thought to mention that ‘good’ UDA or, …

More on human rights violations..

Pete Baker on August 3, 2006, 6:04 pm

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The Sinn Féin leader Gerry Adams pre-empted this announcement somewhat when, after the PIRA statement rejecting the Police Ombudsman’s assessment on Jean McConville, he held a press conference to reveal that there had been meetings over the past 10 months between PIRA members, “primary sources” in the abductions and murders, and the forensic expert appointed by the British government. Today Secretary of State Peter Hain announced the government’s response to the recommendations by the forensic expert. – further reports here, …

CRJ: a private deal, but is it legal?

Mick Fealty on July 29, 2006, 9:08 pm

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It lseems that British Government plans to approve the running of CRJ under official auspices are running into deeper water. One Ulster Unionist insider told Slugger that the key question should not be whether CRJ should be funded or not, but whether its activities were actually legal. Former Taoiseach Garrett FitzGerald lays some heavy charges at the door of CRJ:The introductory paragraph is worth quoting in full: Several years ago, Sinn Féin established “Community Restorative Justice” (CRJ). Its director of …

Belfast: judicial junkyard to the stars?

Mick Fealty on July 24, 2006, 5:35 pm

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Here’s one that flew right under my radar, but Brendan O’Neill reports that Britney Spears took a case through the Belfast courts to get at the National Enquirer newspaper. And she’s not the only one. It seems Belfast and London are popular venues because the UK libel laws are draconian compared to those in the States: It’s bad for those of us who live in Britain [sic] permanently. These libel tourists are helping to prop up our illiberal, antidemocratic, and …

On the importance of negative freedoms…

Mick Fealty on July 24, 2006, 4:38 am

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There’s a bunch of good reviews in this week’s Spectator. This one is on one of Oxford’s finest thinkers of recent times, Isaiah Berlin. The book is a compendium of his essays, and which traces the important lines of his thinking. The reviewer, Raymond Carr, notes that the decidedly pluralist Berlin’s bête noire was Rousseau: “a ‘militant lowbrow’ equipped with ‘the fanatical cunning of a maniac’”. Yet, Berlin clearly saw the practical limits of pluralism. As Carr concludes towards the …