DOCSLIB.ORG

House of Lords Official Report

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
House of Lords Official Report Vol. 805 Thursday No. 101 3 September 2020 PARLIAMENTARYDEBATES (HANSARD) HOUSE OF LORDS OFFICIAL REPORT ORDEROFBUSINESS Questions Aid Impact .....................................................................................................................437 Tree Planting ..................................................................................................................441 Folic Acid.......................................................................................................................444 Covid-19: Local Restrictions ..........................................................................................447 Covid-19 Statement........................................................................................................................451 Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020 Motion to Approve ..........................................................................................................466 Representation of the People (Electoral Registers Publication Date) Regulations 2020 Motion to Approve ..........................................................................................................488 Mobile Homes (Requirement for Manager of Site to be Fit and Proper Person) (England) Regulations 2020 Motion to Approve ..........................................................................................................502 Channel Crossings in Small Boats Commons Urgent Question..............................................................................................515 Foreign, Commonwealth and Development Office Commons Urgent Question..............................................................................................520 Grand Committee Electricity and Gas etc. (Amendment) (EU Exit) Regulations 2020 Considered in Grand Committee.................................................................................GC 51 Jobseekers (Back to Work Schemes) Act 2013 (Remedial) Order 2019 Considered in Grand Committee.................................................................................GC 61 Fatal Accidents Act 1976 (Remedial) Order 2020 Considered in Grand Committee.................................................................................GC 74 Human Rights Act 1998 (Remedial) Order 2019 Considered in Grand Committee ................................................................................GC 81 Lords wishing to be supplied with these Daily Reports should give notice to this effect to the Printed Paper Office. No proofs of Daily Reports are provided. Corrections for the bound volume which Lords wish to suggest to the report of their speeches should be clearly indicated in a copy of the Daily Report, which, with the column numbers concerned shown on the front cover, should be sent to the Editor of Debates, House of Lords, within 14 days of the date of the Daily Report. This issue of the Official Report is also available on the Internet at https://hansard.parliament.uk/lords/2020-09-03 In Hybrid sittings, [V] after a Member’s name indicates that they contributed by video call. The following abbreviations are used to show a Member’s party affiliation: Abbreviation Party/Group CB Cross Bench Con Conservative DUP Democratic Unionist Party GP Green Party Ind Lab Independent Labour Ind LD Independent Liberal Democrat Ind SD Independent Social Democrat Ind UU Independent Ulster Unionist Lab Labour Lab Co-op Labour and Co-operative Party LD Liberal Democrat LD Ind Liberal Democrat Independent Non-afl Non-affiliated PC Plaid Cymru UKIP UK Independence Party UUP Ulster Unionist Party No party affiliation is given for Members serving the House in a formal capacity, the Lords spiritual, Members on leave of absence or Members who are otherwise disqualified from sitting in the House. © Parliamentary Copyright House of Lords 2020, this publication may be reproduced under the terms of the Open Parliament licence, which is published at www.parliament.uk/site-information/copyright/. 437 Arrangement of Business [3 SEPTEMBER 2020] Aid Impact 438 House of Lords by not just maintaining ICAI but strengthening its focus on the impact of our aid and the value that it Thursday 3 September 2020 adds to our policy agenda. The House met in a Hybrid Sitting. Baroness Blackstone (Ind Lab): My Lords, does the Noon Minister accept that it is very disappointing that the Independent Commission for Aid Impact rated Prayers—read by the Lord Bishop of Bristol. the UK’s progress on international climate finance as inadequate? How do the Government intend to rectify this, given the urgency of much more progress before Arrangement of Business the UK hosts COP 26 next year? Announcement Baroness Sugg (Con): My Lords, we are committed 12.08 pm to increasing and improving our work on climate. We The Senior Deputy Speaker (Lord McFall of Alcluith): are doubling our funding to the International Climate My Lords, the Hybrid Sitting of the House will now Fund and, as the noble Baroness says, we are hosting begin. Some Members are here in the Chamber,respecting COP. We are also absolutely committed to making social distancing, others are participating remotely, sure that that funding is spent effectively. but all Members will be treated equally. If the capacity of the Chamber is exceeded, I will immediately adjourn Lord Bruce of Bennachie (LD) [V]: My Lords, I the House. welcome the Government’s decision on ICAI. I worked Oral Questions will now commence. Please can with Andrew Mitchell on its establishment and the those asking supplementary questions keep them short set-up agreed then has proved successful. ICAI is and confined to two points; and I ask that Ministers’ subject to confirmatory hearings by the International answers are also brief. Development Committee and, through the committee, reports its programme and findings. This needs to be maintained if the UK’s global reputation is not to be Aid Impact risked. Therefore, I urge the Government to support a Question dedicated Commons Select Committee to monitor ICAI and UK aid, and to maintain the credibility of 12.08 pm the great work that has been done to date. Asked by Baroness Sheehan Baroness Sugg (Con): I am grateful to the noble Toask Her Majesty’sGovernment what assessment Lord for welcoming the commitment to keep ICAI. they have made of the quality of the work carried On the Select Committee point, the Government agree out by the Independent Commission for Aid Impact that Parliament has an important role in scrutinising in the scrutiny of (1) the effectiveness, and (2) the UK aid spending, and Select Committees are of course value for money, of United Kingdom aid. fundamental in scrutinising the Government’s spending and policies. We acknowledge that, as a consequence The Parliamentary Under-Secretary of State, Foreign, of the merger, the House of Commons might have to Commonwealth & Development Office (Baroness Sugg) reconfigure the Select Committee structure, but the (Con): My Lords, the Government highly value the Government’s view is that normally the committee Independent Commission for Aid Impact’s scrutiny of structure mirrors the departmental structure. UK aid and have assessed its quality in two reviews since its establishment in 2011. The last tailored review Lord Howell of Guildford (Con) [V]: My Lords, the in 2017 found that ICAI’s work continued to be both independent commission clearly does a good and much- necessary and important. Since its inception, the needed job in evaluating aid flows, but does my noble commission has contributed to improving the impact friend agree that it has been particularly useful in and value for money of UK aid. bringing home the fact that aid alone is not an effective driver of development or indeed of poverty reduction, Baroness Sheehan (LD): My Lords, I thank the and that issues such as counterterrorism, security, Minister for her reply. The retention of ICAI, at least human rights breaches, private investment conditions in the short term, is welcome. Inevitably, however, the and, obviously, good governance under the law are merger of two departments will see much jockeying just as much part of the modern development package? for ideas. Therefore, first, does the Minister accept Does she further agree that the proposed merger between that it is important that ICAI’s remit is not curtailed our aid and foreign policy departments, about which I but, instead, bolstered to ensure that transparent scrutiny think we are going to hear a Statement later today, is maintained and that effective and accountable aid offers a highly effective and rational way of bringing will be the hallmark of the new FCDO? Secondly, can these essential modern-day strands of development she tell us to whom ICAI will report? closer together? Baroness Sugg (Con): My Lords, we are committed Baroness Sugg (Con): My noble friend is right that to more effective and accountable aid spending under my noble friend Lord Ahmad will be repeating a the new Foreign, Commonwealth and Development Statement later today. The advantages that my noble Office, and of course that includes transparency and friend highlights are exactly the reason why the external scrutiny.We will reinforce that external scrutiny Prime Minister has merged DfID and the FCO to 439 Aid Impact [LORDS] Aid Impact 440 [BARONESS SUGG] small secretariat are not sufficient to provide the resources become the new FCDO. My noble friend is right that that the budget demands to provide assurance to aid alone is not
Load more

Recommended publications
  • Discussion Paper on Damages for Wrongful Death
    Discussion Paper on Damages for Wrongful Death August 2007 DISCUSSION PAPER No 135 This Discussion Paper is published for comment and criticism and does not represent the final views of the Scottish Law Commission. EDINBURGH: The Stationery Office £18.00 NOTES 1. In accordance with our Publication Scheme, please note that (i) responses to this paper will be made available to third parties on request in paper form once the responses have been considered at a Commission meeting unless a respondent has asked for a response to be treated as confidential or the Commission considers that a response should be treated as confidential; (ii) subject to the following, any summary of responses to this paper will be made available to third parties on request in paper form once it has been considered at a Commission meeting: any summary will not be made available in relation to projects where the subject matter is considered by Commissioners to be of a sensitive nature; any summary being made available will not include reference to any response where either the respondent has asked for the response to be treated as confidential or the Commission considers that the response should be treated as confidential. Any request for information which is not available under the Commission’s Publication Scheme will be determined in accordance with the Freedom of Information (Scotland) Act 2002. 2. Please note that some or all responses to this paper and the names of those who submitted them may be referred to and/or quoted in the final report following from this consultation or in other Commission publications and the names of all respondents to this paper will be listed in the relative final report unless the respondent specifically asks that, or the Commission considers that, the response or name, or any part of the response, should be treated as confidential.
    [Show full text]
  • Part I Introduction
    PART I INTRODUCTION 1.1 This is the seventh consultation paper in our “examination of the principles governing and the effectiveness of the present remedy of damages for monetary and non-monetary loss, with particular regard to personal injury litigation”.1 The current Fatal Accidents Act reached the statute book in 1976 and was substantially amended by the Administration of Justice Act 1982, which introduced a number of reforms based on the recommendations of the Law Commission2 and of the Pearson Commission.3 We were keen to consider once more damages for wrongful death because aspects of the present law remain controversial and difficult. For example, there is continuing controversy over damages for bereavement, which were made available for the first time in 1982.4 Other reforms introduced in 1982 have, in some respects, had more far-reaching effects than appear to have been intended.5 And there is continuing dissatisfaction over the statutory list of dependants, which many see as too restrictive.6 In addition to these areas of concern, this paper presents us with the opportunity to examine coherently and in depth an area of law which has developed in a piecemeal fashion with a view to eradicating any anomalies and inconsistencies that have been created. 1.2 In addition to a claim under the Fatal Accidents Act, an action can often be brought against the defendant by the personal representatives of the deceased for the benefit of the estate of the deceased under section 1 of the Law Reform (Miscellaneous Provisions) Act 1934. Unlike the Fatal Accidents Act, the right of action of the estate is a survival of the action that the deceased would have had against the wrongdoer, and the action therefore survives irrespective of whether the death was caused by the wrong.
    [Show full text]
  • Limitation Act 1980
    Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Limitation Act 1980. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) DISCLAIMER: As Member States provide national legislations, hyperlinks and explanatory notes (if any), UNESCO does not guarantee their accuracy, nor their up-dating on this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and non- commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO). Limitation Act 1980 1980 CHAPTER 58 An Act to consolidate the Limitation Acts 1939 to 1980. [13th November 1980] Annotations: Modifications etc. (not altering text) C1 Act extended by Water Act 1981 (c. 12, SIF 130), s. 6(4) C2 Act amended (1.5.1994) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 73(9)(c); S.I. 1994/1096, art.2(1) Act amended (31.1.1997) by 1996 c. 23, s. 14(1) (with s. 81(2)); S.I. 1996/3146, art. 3 C3 Act modified (E.W.) (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 209(4), 223(2) (with ss. 82(3), 186(1), 222(1), Sch. 14 para. 6) Act applied with modifications by Water Resources Act 1991 (c. 57, SIF 130), s. 208(4)(with ss. 16(6), 179, 222(3), 224(1), 225(4), Sch.
    [Show full text]
  • Bc Disease News a Weekly Disease Update
    5 October 2020 Edition 314 BC DISEASE NEWS A WEEKLY DISEASE UPDATE CONTENTS PAGE 2 Welcome Welcome PAGE 3 Cohabitees of Deceaseds to Qualify Welcome to this week’s edition of BC Disease News. for Fatal Accident Bereavement Award from 6 October In this issue, there is a common theme of imminent/anticipated legislative and procedural reform, affecting UK jurisdictions. We report that the list of eligible PAGE 4 applicants for ‘bereavement’ damages will lengthen within days, that new costs management and disclosure requirements are now in effect, that the Ministry of 122nd UPDATE TO PRACTICE DIRECTIONS: Defence (MoD) is getting ever closer to contesting personal injury claims brought Novel Precedent T in Force to Facilitate ‘Variation Costs’, as Expert Witnesses 6-years after the ‘date of knowledge’ and that the recoupment of NHS charges Accede to Risk of Civil Contempt (for treating ‘industrial diseases’) from negligent employers could be off the cards, Proceedings in Rephrased Statement due to lack of incentive. of Truth We also announce the details of two significant claimant firm acquisitions; firstly PAGE 6 of Heptonstalls Solicitors, by HH Legal and secondly of Jigsaw Law, by Slater and Gordon. Proposed Legislation, Which Strengthens the MoD’s Position on Limitation in Military PI Claims, Survives Our final article of this issue examines the existence of a relationship between 2nd Reading in Commons permanent hair dye application and cancer, in lieu of a recently published paper, sourced in the British Medical Journal. We investigate whether or not the Faculty of Advocates Remarks that the supposed risks faced by personal users and workers are valid.
    [Show full text]
  • CLAIMS for WRONGFUL DEATH Item 1 of the Seventh Programme of Law Reform: Damages
    The Law Commission (LAW COM No 263) CLAIMS FOR WRONGFUL DEATH Item 1 of the Seventh Programme of Law Reform: Damages November 1999 The Law Commission was set up by the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Law Commissioners are: The Honourable Mr Justice Carnwath CVO, Chairman Miss Diana Faber Mr Charles Harpum Mr Stephen Silber, QC The Secretary of the Law Commission is Mr Michael Sayers and its offices are at Conquest House, 37-38 John Street, Theobalds Road, London WC1N 2BQ. When the terms of this report were agreed on 8 September 1999, Professor Andrew Burrows was also a Commissioner. The text of this report is available on the Internet at: http://www.open.gov.uk/lawcomm/ ii EXECUTIVE SUMMARY When a person is killed through the fault of another, particular persons (for example, members of the deceased’s immediate family) are able to claim compensation under the Fatal Accidents Act 1976 for losses which they suffer as a result of the death. This report (with accompanying Draft Bill) recommends reform to the availability of compensation in such cases. A key aim of our recommendations is to modernise the existing legislation, so as to bring this area of the law into line with the values of modern society. We also seek to render the law fairer and more certain than it is at present. The present law arbitrarily excludes from an entitlement to claim compensation for financial loss some people who were financially dependent on the deceased. Our proposed reform would remove that anomaly by adding a generally worded class of claimant to the present fixed list.
    [Show full text]
  • A Proposal for a Remedial Order to Amend the Fatal Accidents Act 1976
    A proposal for a Remedial Order to amend the Fatal Accidents Act 1976 May 2019 A proposal for a Remedial Order to amend the Fatal Accidents Act 1976 Presented to Parliament pursuant to paragraph 3(1) of Schedule 2 to the Human Rights Act 1998 May 2019 © Crown copyright 2019 This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government- licence/version/3 Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. This publication is available at https://www.gov.uk/government/publications Any enquiries regarding this publication should be sent to us at: Civil Law Policy Team Civil Justice and Law Division, Post Point 10.18 Ministry of Justice 102 Petty France London SW1H 9AJ [email protected] ISBN 978-1-5286-1261-6 CCS0419122256 05/19 Printed on paper containing 75% recycled fibre content minimum Printed in the UK by the APS Group on behalf of the Controller of Her Majesty’s Stationery Office A proposal for a Remedial Order to amend the Fatal Accidents Act 1976 Contents Background to the proposed Remedial Order 3 Draft of the proposed Remedial Order 6 Explanatory memorandum to the proposed Remedial Order 8 1 A proposal for a Remedial Order to amend the Fatal Accidents Act 1976 2 A proposal for a Remedial Order to amend the Fatal Accidents Act 1976 Background to the proposed Remedial Order Introduction This paper presents a draft of a proposed Remedial Order to amend section 1A of the Fatal Accidents Act 1976 (FAA) to allow an award of bereavement damages to a new category of claimant.
    [Show full text]
  • A Draft Bill
    Civil Law Reform A Draft Bill December 2009 Civil Law Reform A Draft Bill Presented to Parliament by the Lord Chancellor and Secretary of State for Justice by Command of Her Majesty December 2009 Cm 7773 £9.50 © Crown Copyright 2009 The text in this document (excluding the Royal Arms and other departmental or agency logos) may be reproduced free of charge in any format or medium providing it is reproduced accurately and not used in a misleading context. The material must be acknowledged as Crown copyright and the title of the document specified. Where we have identified any third party copyright material you will need to obtain permission from the copyright holders concerned. For any other use of this material please contact the Office of Public Sector Information, Information Policy Team, Kew, Richmond, Surrey TW9 4DU or e-mail: [email protected]. ISBN: 9780101777322 Printed in the UK by The Stationery Office Limited on behalf of the Controller of Her Majesty’s Stationery Office ID P002338531 12/09 Printed on paper containing 75% recycled fibre content minimum. Civil Law Reform A Draft Bill Contents Foreword 3 Introduction 4 Civil Law Reform Bill 7 Explanatory Notes 23 1 Civil Law Reform A Draft Bill 2 Civil Law Reform A Draft Bill Foreword The civil law affects us all in many different ways every day of our lives and continues to affect our property even after we are dead. It is important that it is kept up to date and that it is as simple and fair as possible.
    [Show full text]
  • [Vol. 50, No. 3] 318 a HISTORY of the FATAL ACCIDENT ACTS
    318 Northern Ireland Legal Quarterly [Vol. 50, No. 3] A HISTORY OF THE FATAL ACCIDENT ACTS Richard Kidner, Professor of Law, University of Wales, Aberystwyth. It is often said that the introduction of the Fatal Accidents Act 1846 was one of the great law reforming measures of the last century but it will be suggested that the proposers of the Act were confused in their objectives and that a century and a half later there are still problems with how to compensate for death.1 Commonly known as Lord Campbell’s Act, the original Bill in 1845 was not even introduced by him but by Lord Lyttleton, while Lord Campbell dealt with the related issue of deodands. Furthermore it was not until a late stage in the Bill’s progress that it was amended to provide compensation to the relatives of the deceased, a point now regarded as the essence of the provision. Subsequently the Act was amended no less than seven times, and over the years the pressure for liberalising the law has been constant. The purpose of this article is to show that the proposals were not fully thought through at the time and that the complexities of compensation for fatal accidents were not properly understood and it is hoped to link the initial failure with problems that became apparent later. This will involve a study of the origins and purposes of the original Act together with its early interpretation. However before looking at the Act itself it is necessary first to explain two legal issues which prompted the reform of 1846.
    [Show full text]
  • Limitation Act 1980
    Limitation Act 1980 CHAPTER 58 ARRANGEMENT OF SECTIONS PART I ORDINARY TIME LIMITS FOR DIFFERENT CLASSES OF ACTION Time limits under Part I subject to extension or exclusion under Part II Section 1. Time limits under Part I subject to extension or exclusion under Part II. Actions founded on tort 2. Time limit for actions founded on tort. 3. Time limit in case of successive conversions and extinction of title of owner of converted goods. 4. Special time limit in case of theft. Actions founded on simple contract 5. Time limit for actions founded on simple contract. 6. Special time limit for actions in respect of certain loans. 7. Time limit for actions to enforce certain awards. General rule for actions on a specialty 8. Time limit for actions on a specialty. Actions for sums recoverable by statute 9. Time limit for actions for sums recoverable by statute. 10. Special time limit for claiming contribution. A ii c.58 Limitation Act 1980 Section Actions in respect of wrongs causing personal injuries or death 11. Special time limit for actions in respect of personal injuries. 12. Special time limit for actions under Fatal Accidents legislation. 13. Operation of time limit under section 12 in relation to different dependants. 14. Definition of date of knowledge for purposes of sections 11 and 12. Actions to recover land and rent 15. Time limit for actions to recover land. 16. Time limit for redemption actions. 17. Extinction of title to land after expiration of time limit. 18. Settled land and land held on trust. 19.
    [Show full text]
  • Project No 66
    THE LAW REFORM COMMISSION OF WESTERN AUSTRALIA Project No 66 Fatal Accidents WORKING PAPER FEBRUARY 1978 The Law Reform Commission of Western Australia was established by the Law Reform Commission Act 1972. The Commissioners are - Mr. N.H. Crago, Chairman Mr. E.G. Freeman Mr. D.K. Malcolm. The Executive Officer of the Commission is Mr. C.W. Ogilvie, and the Commission's offices are on the 16th floor, City Centre Tower, 44 St. George's Terrace, Perth, Western Australia, 6000. Telephone: 3256022. CONTENTS Paragraph PREFACE CHAPTER 1 - TERMS OF REFERENCE 1.1 CHAPTER 2 - OUTLINE OF THE FATAL ACCIDENTS ACT 2.1 History of Act 2.1 Scope of Act 2.4 Calculation of damages 2.9 Class of claimants 2.14 CHAPTER 3 - OTHER LEGISLATION 3.1 THE LAW REFORM (MISCELLANEOUS PROVISIONS) ACT 1941 3.3 WORKERS' COMPENSATION ACT 1912-1976 3.6 SOCIAL SERVICES ACT 1947 (CWTH) 3.12 CRIMINAL INJURIES (COMPENSATION) ACT 1970-1976 3.15 INTERACTION OF THE VARIOUS PROVISIONS 3.16 POSSIBLE SIMPLIFICATION OF THE LAW 3.19 Should the Fatal Accidents Act be repealed? 3.19 National Compensation Bill 3.25 CHAPTER 4 - THE LAW ELSEWHERE 4.1 Lineal relatives 4.3 Collateral relatives 4.4 Divorced spouse 4.5 De facto husband or wife 4.6 In loco parentis 4.7 Relatives by marriage 4.8 CHAPTER 5 - DISCUSSION: CLASS OF CLAIMANTS 5.1 THE RATIONALE OF FATAL ACCIDENTS LEGISLATION 5.1 Possible extensions 5.5 CHANGING THE RATIONALE 5.13 (a) Commercial relationships 5.19 (b) Socially undesirable relationships 5.23 EXTENSION BY ADDING TO PRESCRIBED CLASS 5.24 Divorced spouse 5.27 De facto husband or wife 5.28 In loco parentis 5.35 Working Paper on Fatal Accidents / 37 Collateral relatives such as brother and sister 5.39 Collateral half blood relatives and relationships deduced through them 5.43 Relatives by marriage, and not by blood 5.46 Other relationships: great-grandson and great-grandfather 5.47 OTHER MATTERS 5.48 Posthumous children 5.48 Illegitimate children 5.49 Prospect of surviving spouse's remarriage 5.50 CHAPTER 6 - DISCUSSION: SOLATIUM 6.
    [Show full text]
  • The Fatal Accidents Act 1976 (Remedial) Order 2020
    EXPLANATORY MEMORANDUM TO THE FATAL ACCIDENTS ACT 1976 (REMEDIAL) ORDER 2020 2020 No. [XXXX] 1. Introduction 1.1 This explanatory memorandum has been prepared by the Ministry of Justice and is laid before Parliament by Command of Her Majesty. 1.2 This memorandum contains information for the Joint Committee on Human Rights. 2. Purpose of the instrument 2.1 To implement the Court of Appeal judgment in the case of Jacqueline Smith v Lancashire Teaching Hospitals NHS Foundation Trust; Lancashire Care NHS Foundation Trust; and the Secretary of State for Justice ([2017] EWCA Civ 1916) by amending the Fatal Accidents Act 1976 (FAA) to provide for claimants who have lived with the deceased person for at least two years immediately prior to the death to be eligible for an award of bereavement damages. 3. Matters of special interest to Parliament Matters of special interest to the Joint Committee on Statutory Instruments 3.1 This Remedial Order is laid pursuant to the power in section 10 of the Human Rights Act 1998. Matters relevant to Standing Orders Nos. 83P and 83T of the Standing Orders of the House of Commons relating to Public Business (English Votes for English Laws) 3.2 This entire instrument applies to England and Wales only. 3.3 The instrument does not have any minor or consequential effects outside England and Wales. 3.4 In the view of the Department, for the purposes of Standing Order No. 83P of the Standing Orders of the House of Commons relating to Public Business, the subject- matter of this entire instrument would be within the devolved legislative competence of the Northern Ireland Assembly if equivalent provision in relation to Northern Ireland were included in an Act of the Northern Ireland Assembly as a transferred matter and the Scottish Parliament if equivalent provision in relation to Scotland were included in an Act of the Scottish Parliament.
    [Show full text]
  • LSM Exam Report 2019
    Examiners’ reports 2019 Examiners’ reports 2019 LA1031 Legal system and method – Zone B Introduction The question paper followed the same format as in 2018 and was split into three parts. Part A was a series of short questions on the seen case, Part B was a choice of two essays from six and Part C was a problem question to be answered with reference to a seen statute, which was also provided in the examination. Comments on specific questions PART A Candidates must answer these COMPULSORY questions about the seen case Swift v Secretary of State for Justice [2013] EWCA Civ 193. General remarks on Part A The Swift case was identified as the case to be studied in preparation for Part A in November 2018. Candidates intending to sit the May/June examination were required to submit a case note by 13 March 2018 and, ideally, this case note would have been used as a revision aid in preparation for the examination. Part A of the examination focuses solely on the text of the case of Swift and candidates should not have referred to any material other than Swift in answering the questions in Part A. An indicative answer to each of the questions in Part A and an excellent answer would have included almost all of this detail. Common errors The inability to formulate the ratio of the case was the most common error; given that this is an element of the case note it must be assumed that most candidates did not prepare this part well when writing their case note.
    [Show full text]