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How Labour opened hostilities against the Windrush generation

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“Gloria Fletcher wouldn’t have lost her job as a consequence of anything a Labour government did.” How wrong Labour MP Jack Dromey was when he made this confident statement on Radio 4’s Westminster Hour (at 38 mins) about one of the victims of the Windrush scandal. He was seeking to distinguish his party from the UK Conservative government that put in place the “hostile environment” against immigrants — with appalling effects on the Windrush generation in particular.

But it looks as if Dromey was wrong when he claimed that Gloria Fletcher, sacked after 36 years’ working in the same job in Britain, would never have fallen foul of Labour immigration policy. In fact she seems to have been the victim to Labour’s own legislation, passed as far back as 2006, to institute a “hostile environment” in order to drive out illegal immigrants from employment.

Labour’s 2006 Immigration, Asylum and Nationality Act at Section 15 says:

(1) It is contrary to this section to employ an adult subject to immigration  control if [broadly, s/he is an immigrant without leave to remain].

(3) An employer is excused from paying a penalty [for employing such a person] if he shows that he complied with any prescribed requirements in relation to the employment.

It turns out that, to avoid a penalty of up to £10,000 for, even unknowingly, employing a person without a legal right to be in Britain, the employer must have checked his/her documentation — a passport, for example, or any other relevant immigration document. This is what Mrs Fletcher had to show her new employer (after her firm was taken over). And since she had been in the country perfectly legally for 50 years without needing a passport or other document to stay, she could not produce the required proof.

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Joy v Joy-Morancho divorce case: not just about the Bentley

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For the press it is all about the cars – particularly the £470,000 vintage Bentley that Nichola Joy sought to have seized from her ex-husband Clive Joy-Morancho to pay towards her legal costs in their multimillion-pound divorce proceedings.

In the latest hearing, according to the national press, Mrs Joy “lost” that battle (Businessman wins divorce spat over vintage cars: Telegraph) but the truth is rather more complex. In particular High Court judge, Sir Peter Singer, made clear his dissatisfaction with Mr Joy-Morancho’s case (a fact that went unreported by the press), calling it a “sham, a charade, bogus, spurious and contrived” – and possibly even a fraud.

Mrs Joy does not avoid a tongue lashing, either. “What she says must be subjected to close scrutiny and approached with a degree of scepticism having regard to the many extravagant and often inconsistent observations to which she committed herself.”

For judges involved in this long-running (and continuing) case it must have something of the feel of a sophisticated whodunnit involving tens of millions in assets. Whose are they? Where are they? Is anyone wilfully hiding them? For others it’s a moral tale as the super-rich and their cash are sucked into the dark vortex that is a tax-efficient financial trust. As such, the papers’ reports have missed the real story. Read the rest of this entry

Anderson and surveillance: RIPA is still the law – and it’s being broken

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The Anderson report on surveillance (according to the media) suggested that UK security services should “keep” their powers of bulk surveillance – the downloading and storing of communications and internet material, basically without limit except the limitations of the technology they have. The report has come out in the same week that the Metropolitan Police were unable to confirm or deny (for which read “confirmed”) that dummy mobile phone towers, or Stingers, were lifting material from the phones of passers-by, apparently ad hoc and without specific investigatory purpose.

But it is really not clear that bulk surveillance powers do have legal sanction in Britain – and nor does Anderson say unequivocally that they do. Which is why, under Theresa May’s new “snooper’s charter” (the draft investigatory powers bill), she will be seeking to legalise something she claims is perfectly legal already – but really isn’t.

So what is the law? The key piece of legislation is the Regulation of Investigatory Powers Act 2000 (RIPA) – which Anderson wants replaced. This is often referred to as source of surveillance powers for just about anyone from GCHQ to schools checking on the residency of parents of local authorities looking at our recyling.

In fact it is intended to control, curb, restrict and limit surveillance – and in particular it is intended to prevent the state’s (and private bodies’) disproportionate bulk downloading and retention of the private information – which is just what the security forces do now as far as they technically can and which they will be able to do far more effectively under the investigatory powers bill, requiring ISPs, Google and the rest to keep such information for them. Read the rest of this entry

GCHQ surveillance illegal – but suddenly it’s not

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So has GCHQ been found guilty of breaches in human rights law or not? You’d be right to be confused. The Investigatory Powers Tribunal (IPT) has issued a resumé of a judgment and news reports tended to take a negative line, saying things like “GCHQ unlawfully spied on British citizens“. The Guardian website started with “GCHQ mass internet surveillance was unlawful, court rules” later going with a more precise “UK-US surveillance was unlawful for seven years“.

Yet, on the face of it the IPT has given GCHQ a pretty clean bill of health in terms of its receipt of UK surveillance information from the National Security Agency (NSA). Up there at the top of the Tribunal’s release was this:

“Save in one possible (and to date hypothetical) respect … the current regime, both in relation to Prism and Upstream [US surveillance programmes] and to s.8(4), [of the Regulation of Investigatory Powers Act 2000 (RIPA)], when conducted in accordance with the requirements which we have considered, is lawful and human rights compliant.”

The Tribunal ruled the activities lawful now. But until now (or specifically until the IPT judgment in the Liberty v FCO case last December) they weren’t. What has made them legal now? Well, what made things unlawful previously was not, apparently, that GCHQ accessed (from US sources), downloaded and kept material from mass surveillance of UK emails, phone records and internet searches – but that it failed to tell us that it had accessed, downloaded and kept material from mass surveillance of emails, phone records and internet searches. It’s legal now, in part, thanks to the publicity surrounding this very judgment – from a Tribunal that actually sits in secret.

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Libel juries: How Tim Yeo and Warby J buried the Seven Bishops

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It is ironic – and perhaps a little shocking – that an early high-profile beneficiary of Britain’s abolition of the right for juries to try libel cases should be a Member of Parliament – one who will doubtless have supported the Defamation Act 2013 that removed the long-standing right. So, step forward Tim Yeo, who will not (thanks to the new law and a sympathetic judge) have 12 jurors facing him in court who need to be persuaded that he did not show willingness “to abuse his position in Parliament to further his own financial and business interests in preference to the public interest“.*

Yeo succeeded in challenging Times Newspapers’ attempt to have a jury empanelled – but might be mortified that Mr Justice Warby in Tim Yeo MP v Times Newspapers decided the case could do without a jury because Yeo is just not an important enough figure to warrant one. Some public figures (government ministers or judges, perhaps, rather than footballers or celebs) might have to face a libel trial jury, but the moderately high and not-so-mighty-now Mr Yeo doesn’t quite cut the mustard.

More significantly, Warby’s decision about a jury has ditched centuries of legal and constitutional  principle, denying any public interest right for defamation cases involving senior public servants to be tried by those representatives of the public who constitute juries. But some background is needed.

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Mass surveillance in the UK: Charles Farr’s flawed arguments

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Hang on! Just because UK government security official Charles Farr says GCHQ et al have done nothing unlawful in their mass digital surveillance, that’s no reason to believe him. You wouldn’t believe a burglar rifling through your drawers; why believe the spokesmen for the people rifling through your personal emails and internet searches?

Farr has put in a defence in the case brought by Privacy International against the Government, not a statement of the law, yet it is being treating as gospel truth. In particular people are demanding the law be changed – conceding that the surveillance is currently lawful (among them pro-security services types such as Lady Neville-Jones).

In fact a judge has not ruled in the case yet, and there are fundamental flaws in Farr’s argument that UK-originated digital material on overseas servers is fair game even though it originated in or returned to the “British Islands” (in the quaint formulation of the 2000 Regulation of Investigatory Powers Act).

For starters it is strongly arguable in law that nothing in the Act can sanction unreasonable mass surveillance – since that was not the purpose of the Act. RIPA was intended to enact a European Directive banning such downloading and storing of personal material and a judge will interpret it in that light. He or she is likely to take a dim view of any alleged “loopholes” in it. (This argument is made briefly below and at length here.)

But Farr’s case is further flawed – not least by a disingenuous attempt to claim parliamentary sanction for mass surveillance on the basis of an arcane exchange in the House of Lords one July evening in the year 2000.

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Paul Weller’s children: another brick in the wall of privacy law

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The judgment in the privacy case of three of pop singer Paul Weller’s children (Weller v Associated Newspapers has caused a little confusion – not least among some of the press who might be expected to need to understand it best.

 

Mr Justice Dingemans has perhaps added another small brick in the developing English law of privacy – clarifying when pictures of stars can and cannot be published when they are going about their private lives. Here’s a brief rundown.

 

There is no tort of invasion of privacy in England. You can, in general, take pictures of whomever you want so long as you aren’t invading property rights to do so. Nor, broadly speaking, are their specific rights to those images belonging to the people who feature in them.

 

However, Dingemans notes: “After the enactment of the Human Rights Act 1998, claims for misuse of private information were absorbed into the established claim for breach confidence; see A v B plc [2002] EWCA Civ 337 at paragraph 4. In paragraph 53 of Douglas and others v Hello! Ltd and others (No.3) [2005] EWCA Civ 595 Lord Phillips said “we cannot pretend that we find it satisfactory to be required to shoehorn within the cause of action for breach of confidence claims for publication of unauthorised photographs of a private occasion”. (Para 20)

 

In other words a privacy law is being bit by bit put together by the courts from the old Common Law of confidence (ie misuse of confidential information) and the European Convention on Human Rights – balancing Article 8 (right to family life) with Article 10 (freedom of expression including right to publish photographs of people).

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Lord Rennard: Women should beware of slapping Old Goats

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Following the allegations of inappropriate sexual behaviour against the Liberal Democrats’ former chief executive Lord Rennard, some dangerous advice has been going the rounds. Basically women are told: if your chief executive touches you and you don’t like it – just slap him. Or throw drink in his face. Or give him a Chinese burn. This is the advice from Sarah Vine, Daily Mail columnist – and it is wrong. Slapping a chief executive is both a criminal and a sacking offence.

Now we must be careful. Lord Rennard has insisted no inappropriate conduct has taken place on his part. So for illustrative purposes we are going to assume that at some time, somewhere some chief executive or another has inappropriately touched a woman’s knee, rubbed another woman’s leg or put his hands down another couple of women’s backs “and places where they had absolutely no business being. We shall call our fictional chief executive “the Old Goat”.

The idea of slapping such a man seems to be based on a fanciful 1950s notion of morality. Our male lead (rather handsome with jutting jaw – so different from our own oleaginous, balding fifty-something fictional chief executive) gets a little fresh with our rather prim heroine. She delivers the slap; it knocks sense into him; he admires her feisty qualities; lust turns to love. There are flowers, a dinner date, a proposal of marriage.

None of those outcomes in reality is likely to occur – nor are they likely to be desired by the victim of our Old Goat’s attentions. The danger of resorting to violence is that it prompts only violence, and Sarah Vine is asking women who have been wronged in this way (touching people without consent and a sexual motive is a sexual assault: see Section 3 of the Sexual Offences Act 2003) to expose themselves to increased violence.

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Daily Mail: The newspaper that hates Britain – oh-so much

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The deputy prime minister Nick Clegg suggests the Daily Mail hates Britain. Shall we count the ways?

The Mail’s charge against Ralph Miliband, father of the Labour leader Ed, was that he hated Britain’s institutions – its smug ruling orders, its established Church, its values, its democratic system, its undemocratic monarchy, its traditions. And yet the Daily Mail itself hates all these things and more. It hates Britain, ancient and modern.

If it is a matter of fathers, one might note in passing that the third Viscount Rothermere, who made the modern Daily Mail what it is to day and was father of the current chairman, loved Britain so much that he settled within 170 miles of it. He lived much of the year in Paris – since one might lay down one’s life for one’s country, but certainly not lay down one’s taxable income to the predatory instincts of that great British institution the Exchequer.

But one must play the balls, not the men. How much does the Mail hate Britain? Read the rest of this entry

Did Stuart Hall ‘attempt to influence jurors’ in sex abuse case?

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The Lord Chief Justice has left the media, high profile alleged sex abusers and their lawyers in something of a quandary following the up-rating of UK broadcaster Stuart Hall’s prison sentence for 14 sex offences.

Lord Judge in the Court of Appeal criticised a “manipulative” Hall for attempting to influence potential jurors in his public comments reported in the media denying the charges before his eventual admissions in court.

Lord Judge is reported as saying: “Whatever legal advice the offender has been given, he knew the truth. He knew he was guilty of molesting these girls … This deliberate falsehood was a serious aggravating feature because here was an expert in the ways of the media, fully alert to the possible advantage of manipulating the media, at that point hoping to escape justice. He was attempting to use the media for the purpose of possibly influencing a potential juror.”

There has been a long tradition of people accused of offences denying in no uncertain terms any guilt before they come to trial and a tradition of full media reports of those denials – even though pre-trial reporting is, in law if not in practice, severely restricted by sub judice rules (broadly speaking to items such as name of accused, age, address and the charges – but not evidence, confessions). Indeed the media tends to make a practice of ensuring such denials are reported when they are made, even if only tacked to the end of the article. Read the rest of this entry

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