House of Lords Briefing
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Public Law and Civil Liberties ISBN 978-1-137-54503-9.Indd
Copyrighted material – 9781137545039 Contents Preface . v Magna Carta (1215) . 1 The Bill of Rights (1688) . 2 The Act of Settlement (1700) . 5 Union with Scotland Act 1706 . 6 Official Secrets Act 1911 . 7 Parliament Acts 1911 and 1949 . 8 Official Secrets Act 1920 . 10 The Statute of Westminster 1931 . 11 Public Order Act 1936 . 12 Statutory Instruments Act 1946 . 13 Crown Proceedings Act 1947 . 14 Life Peerages Act 1958 . 16 Obscene Publications Act 1959 . 17 Parliamentary Commissioner Act 1967 . 19 European Communities Act 1972 . 24 Local Government Act 1972 . 26 Local Government Act 1974 . 30 House of Commons Disqualification Act 1975 . 36 Ministerial and Other Salaries Act 1975 . 38 Highways Act 1980 . 39 Senior Courts Act 1981 . 39 Police and Criminal Evidence Act 1984 . 45 Public Order Act 1986 . 82 Official Secrets Act 1989 . 90 Security Service Act 1989 . 96 Intelligence Services Act 1994 . 97 Criminal Justice and Public Order Act 1994 . 100 Police Act 1996 . 104 Police Act 1997 . 106 Human Rights Act 1998 . 110 Scotland Act 1998 . 116 Northern Ireland Act 1998 . 121 House of Lords Act 1999 . 126 Freedom of Information Act 2000 . 126 Terrorism Act 2000 . 141 Criminal Justice and Police Act 2001 . 152 Anti-terrorism, Crime and Security Act 2001 . 158 Police Reform Act 2002 . 159 Constitutional Reform Act 2005 . 179 Serious Organised Crime and Police Act 2005 . 187 Equality Act 2006 . 193 Terrorism Act 2006 . 196 Government of Wales Act 2006 . 204 Serious Crime Act 2007 . 209 UK Borders Act 2007 . 212 Parliamentary Standards Act 2009 . 213 Constitutional Reform and Governance Act 2010 . 218 European Union Act 2011 . -
Lords Reform White Paper and Draft Bill
GS Misc 1004 GENERAL SYNOD House of Lords Reform A Submission from the Archbishops of Canterbury and York to the Parliamentary Joint Committee on the Government’s Draft Bill and White Paper. General principles 1. More than a decade ago, the then Archbishops‟ submission to the Royal Commission on House of Lords Reform said that the test of reform was whether it would enable Parliament as a whole to serve the people better. That has remained the consistent position of Church of England submissions since. 2. As with any constitutional change, it is important, therefore, that there is clarity over the problems that reform is intended to address and a reasonable measure of assurance that the proposed solutions will work and avoid unintended consequences. Fundamental changes to how we are governed should also command a wide measure of consent within the country as well as in Parliament. 3. In his initial response of May 2011 to the White Paper and Draft Bill the Lords Spiritual Convenor, the Bishop of Leicester, said: “Some reform of the Lords is overdue, not least to resolve the problem of its ever-increasing membership. But getting the balance of reform right, so that we retain what is good in our current arrangements, whilst freeing up the House to operate more effectively and efficiently, is crucial.”1 In particular, the proposal to reduce the overall size of the House is welcome. But it is far less clear that wholesale reform of the House of Lords along the lines now envisaged gets the balance right. 4. For so long as the majority of the House of Lords consisted of the hereditary peerage there was manifestly a compelling case for reform. -
(Elections and Reform) Bill [HL]
House of Lords (Elections and Reform) Bill [HL] CONTENTS Exclusion of remaining hereditary peers 1 Exclusion of remaining hereditary peers Composition of the House of Lords 2 Composition of the House of Lords Elections for members 3 Elections to the House of Lords 4 Voting system in Great Britain 5 Voting system in Northern Ireland 6 Vacant seats 7 Entitlement to stand in an election 8 Entitlement to vote in an election 9 Offences 10 Date of elections and terms of office Transitional members 11 Transitional members Other life peers and the Lords Spiritual 12 Other life peers and the Lords Spiritual General 13 Regulations 14 Interpretation 15 Extent, commencement and short title HL Bill 163 57/1 House of Lords (Elections and Reform) Bill [HL] 1 A BILL TO Make provision to establish elections for members to the House of Lords; to restrict the number of voting members in the House of Lords to 292; to exclude all remaining hereditary peers; and for connected purposes. E IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present BParliament assembled, and by the authority of the same, as follows:— Exclusion of remaining hereditary peers 1 Exclusion of remaining hereditary peers (1) The House of Lords Act 1999 is amended as follows. (2) Omit section 2, section 3(2) and paragraph 1 of Schedule 1. (3) At the end of section 3 (removal of disqualifications in relation to the House of 5 Commons) insert— “unless he or she is elected to the House of Lords by virtue of the House of Lords (Elections and Reform) Act 2019.” (4) Any writ of summons issued for the present Parliament in right of a hereditary peerage and pursuant to the House of Lords Act 1999 shall not have effect after 10 the coming into force of this section. -
The Sovereignty of the Crown Dependencies and the British Overseas Territories in the Brexit Era
Island Studies Journal, 15(1), 2020, 151-168 The sovereignty of the Crown Dependencies and the British Overseas Territories in the Brexit era Maria Mut Bosque School of Law, Universitat Internacional de Catalunya, Spain MINECO DER 2017-86138, Ministry of Economic Affairs & Digital Transformation, Spain Institute of Commonwealth Studies, University of London, UK [email protected] (corresponding author) Abstract: This paper focuses on an analysis of the sovereignty of two territorial entities that have unique relations with the United Kingdom: the Crown Dependencies and the British Overseas Territories (BOTs). Each of these entities includes very different territories, with different legal statuses and varying forms of self-administration and constitutional linkages with the UK. However, they also share similarities and challenges that enable an analysis of these territories as a complete set. The incomplete sovereignty of the Crown Dependencies and BOTs has entailed that all these territories (except Gibraltar) have not been allowed to participate in the 2016 Brexit referendum or in the withdrawal negotiations with the EU. Moreover, it is reasonable to assume that Brexit is not an exceptional situation. In the future there will be more and more relevant international issues for these territories which will remain outside of their direct control, but will have a direct impact on them. Thus, if no adjustments are made to their statuses, these territories will have to keep trusting that the UK will be able to represent their interests at the same level as its own interests. Keywords: Brexit, British Overseas Territories (BOTs), constitutional status, Crown Dependencies, sovereignty https://doi.org/10.24043/isj.114 • Received June 2019, accepted March 2020 © 2020—Institute of Island Studies, University of Prince Edward Island, Canada. -
British Overseas Territories Law
British Overseas Territories Law Second Edition Ian Hendry and Susan Dickson HART PUBLISHING Bloomsbury Publishing Plc Kemp House , Chawley Park, Cumnor Hill, Oxford , OX2 9PH , UK HART PUBLISHING, the Hart/Stag logo, BLOOMSBURY and the Diana logo are trademarks of Bloomsbury Publishing Plc First published in Great Britain 2018 First edition published in 2011 Copyright © Ian Hendry and Susan Dickson , 2018 Ian Hendry and Susan Dickson have asserted their right under the Copyright, Designs and Patents Act 1988 to be identifi ed as Authors of this work. All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or any information storage or retrieval system, without prior permission in writing from the publishers. While every care has been taken to ensure the accuracy of this work, no responsibility for loss or damage occasioned to any person acting or refraining from action as a result of any statement in it can be accepted by the authors, editors or publishers. All UK Government legislation and other public sector information used in the work is Crown Copyright © . All House of Lords and House of Commons information used in the work is Parliamentary Copyright © . This information is reused under the terms of the Open Government Licence v3.0 ( http://www.nationalarchives.gov.uk/doc/ open-government-licence/version/3 ) except where otherwise stated. All Eur-lex material used in the work is © European Union, http://eur-lex.europa.eu/ , 1998–2018. A catalogue record for this book is available from the British Library. -
6FFLK015: Advanced Constitutional Law | King's College London
09/27/21 6FFLK015: Advanced Constitutional Law | King's College London 6FFLK015: Advanced Constitutional Law View Online 1 Bradley AW, Ewing KD, Knight C. Constitutional and administrative law. Seventeenth edition. Harlow, England: : Pearson 2018. https://ebookcentral.proquest.com/lib/kcl/detail.action?docID=5418645 2 De Smith SA, Brazier R. Constitutional and administrative law. 8th ed. London: : Penguin 1998. 3 Turpin CC, Tomkins A. British government and the constitution: text and materials. 7th ed. Cambridge: : Cambridge University Press 2011. http://kcl.eblib.com/patron/FullRecord.aspx?p=775039 4 Le Sueur AP, Sunkin M, Murkens JE. Public law: text, cases, and materials. Third edition. Oxford, United Kingdom: : Oxford University Press 2016. 5 McEldowney JF. Public law. 3rd ed. London: : Sweet & Maxwell 2002. 6 Phillips OH, Jackson P, Leopold P. O. Hood Phillips & Jackson’s constitutional and 1/58 09/27/21 6FFLK015: Advanced Constitutional Law | King's College London administrative law. 8th ed. London: : Sweet & Maxwell 2001. 7 Loveland I. Constitutional law, administrative law, and human rights: a critical introduction. Eighth edition. Oxford, United Kingdom: : Oxford University Press 2018. 8 Barnett H. Constitutional & administrative law. Twelfth edition. London: : Routledge, Taylor & Francis Group 2017. https://ebookcentral.proquest.com/lib/kcl/detail.action?docID=4917664 9 Jowell JL, Oliver D. The changing constitution. Eighth edition. Oxford, United Kingdom: : Oxford University Press 2015. 10 Munro CR. Studies in constitutional law. 2nd ed. London: : Butterworths 1999. 11 Tomkins A. Public law. Oxford: : Oxford University Press 2003. 12 Marshall G. Constitutional conventions: the rules and forms of political accountability. Oxford: : Clarendon 1984. http://dx.doi.org/10.1093/acprof:oso/9780198762027.001.0001 13 Griffith JAG, Ryle M, Wheeler-Booth MAJ, et al. -
Union with Scotland Act 1706
Changes to legislation: There are currently no known outstanding effects for the Union with Scotland Act 1706. (See end of Document for details) Union with Scotland Act 1706 1706 CHAPTER 11 6 Ann X1 An Act for an Union of the Two Kingdoms of England and Scotland Most gracious Sovereign Recital of Articles of Union, dated 22d July, 5 Ann.; and of an Act of Parliament passed in Scotland, 16th January, 5 Ann. Whereas Articles of Union were agreed on the Twenty Second day of July in the Fifth year of Your Majesties reign by the Commissioners nominated on behalf of the Kingdom of England under Your Majesties Great Seal of England bearing date at Westminster the Tenth day of April then last past in pursuance of an Act of Parliament made in England in the Third year of Your Majesties reign and the Commissioners nominated on the behalf of the Kingdom of Scotland under Your Majesties Great Seal of Scotland bearing date the Twenty Seventh day of February in the Fourth year of Your Majesties Reign in pursuance of the Fourth Act of the Third Session of the present Parliament of Scotland to treat of and concerning an Union of the said Kingdoms And Whereas an Act hath passed in the Parliament of Scotland at Edinburgh the Sixteenth day of January in the Fifth year of Your Majesties reign wherein ’tis mentioned that the Estates of Parliament considering the said Articles of Union of the two Kingdoms had agreed to and approved of the said Articles of Union with some Additions and Explanations And that Your Majesty with Advice and Consent of the Estates -
Transcript 5
Transcript House of Lords: an audio collection What specifically happened to the Lords over the course of the 20th century? Interviewer: What specifically happened to the Lords over the course of the 20th century? Richard Heffernan: Well, the Lords became subordinate to the Commons, largely through a series of incremental developments and statute laws. There was a huge fight between the elected Common – the partially elected Commons, because of course women didn't get the vote until 1918 in the UK, and they didn't get the vote on equal basis at the age of 21 with men until the general election of 1929. But there was a big fight between the liberal majority in Parliament in the House of Commons and a conservative majority in the House of Lords over a series of measures, particularly culminating in a fight over the 1909 budget, the People's Budget, Lloyd George's budget, which did many things, but two things: it raised the income tax in order to provide some degree of social welfare for people, and to rearm in the face of what was perceived to be a gathering threat from a resurgent Germany. The Lords majority, led by the conservative majority, did not like that and so threw out the budget, and then there was a general election held in 1910 which saw the re-election, on a smaller majority, of the liberal government, which then insisted that the Lords pass its budget. A second election was then held on the question of Lords reform. The liberals were again successful, and the Parliament Act of 1911 established the supremacy of the House of Commons for all time by restricting the power of the House of Lords. -
Reflections on Representation and Reform in the House of Lords
Our House: Reflections on Representation and Reform in the House of Lords Edited by Caroline Julian About ResPublica ResPublica is an independent, non-partisan UK think tank founded by Phillip Blond in November 2009. In July 2011, the ResPublica Trust was established as a not-for-profit entity which oversees all of ResPublica’s domestic work. We focus on developing practical solutions to enduring socio-economic and cultural problems of our time, such as poverty, asset inequality, family and social breakdown, and environmental degradation. ResPublica Essay Collections ResPublica’s work draws together some of the most exciting thinkers in the UK and internationally to explore the new polices and approaches that will create and deliver a new political settlement. Our network of contributors who advise on and inform our work include leaders from politics, business, civil society and academia. Through our publications, compendiums and website we encourage other thinkers, politicians and members of the public to join the debate and contribute to the development of forward-thinking and innovative ideas. We intend our essay collections to stimulate balanced debate around issues that are fundamental to our core principles. Contents Foreword by Professor John Milbank and Professor Simon Lee, Trustees, 1 The ResPublica Trust 1. Introduction 4 Caroline Julian, ResPublica 2. A Statement from the Government 9 Mark Harper MP, Minister for Political and Constitutional Reform A Social Purpose 3. A Truly Representative House of Lords 13 The Rt Hon Frank Field, MP for Birkenhead 4. Association and Civic Participation 16 Dr Adrian Pabst, University of Kent 5. Bicameralism & Representative Democracy: An International Perspective 23 Rafal Heydel-Mankoo 6. -
Jewel Tower – Final Interpretation Plan
Jewel Tower FINAL Interpretation Plan Curatorial Department 2012/13 Contents 1. Introduction 1.1 Site summary and context of the plan 1.2 Project team 2. History of the site 2.1 Summary 2.2 History of the building and important associations 2.3 Description and features 2.4 Points of significance 3. Conservation management 3.1 Designations 3.2 Condition survey 3.3 Conservation issues 3.4 Parameters for new interpretation 4. Collections 4.1 Summary of collections 4.2 Collections conservation 5. Audiences 5.1 Visitor numbers 5.2 Analysis 5.3 Education visits 5.4 Neighbouring attractions 5.5 Target audiences 6. Existing interpretation and visitor experience 6.1 Audit of current interpretation 6.2 Guidebook 6.3 Events 6.4 Website 7. Interpretation proposals 7.1 Themes 7.2 Interpretation approach 7.3 The scheme 7.4 Maintenance 8. Appendices i) Future work ii) Copy of visitor questionnaire and results iii) Collections in store iv) Activity sheet v) Education visits at the Houses of Parliament vi) Site plan 2 1. INTRODUCTION 1.1 Site summary and context of the plan The Jewel Tower is a three storey building lying opposite the Houses of Parliament in the heart of London. It was built around 1365 to house Edward III’s personal treasure as part of the palace at Westminster, and is one of the few buildings from this complex to survive today. In the 17th century, the Jewel Tower became the record office for the Houses of Lords and from 1869, it was the home of the Weights and Measures office, which set standards used across the British Empire. -
The Movement for the Reformation of Manners, 1688-1715
THE MOVEMENT FOR THE REFORMATION OF MANNERS, 1688-1715 ANDREW GORDON CRAIG 1980 (reset and digitally formatted 2015) PREFACE TO THE 2015 VERSION This study was completed in the pre-digital era and since then has been relatively inaccessible to researchers. To help rectify that, the 1980 typescript submitted for the degree of PhD from Edinburgh University has been reset and formatted in Microsoft “Word” and Arial 12pt as an easily readable font and then converted to a read-only PDF file for circulation. It is now more compact than the original typescript version and fully searchable. Some minor typographical errors have been corrected but no material published post-1980 has been added except in the postscript (see below). Pagination in the present version does not correspond to the original because of computerised resetting of the text. Footnotes in this version are consecutive throughout, rather than chapter by chapter as required in the 1980 version. The original bound copy is lodged in Edinburgh University Library. A PDF scan of it is available at https://www.era.lib.ed.ac.uk /bitstream/handle/1842/6840/254333.pdf A further hand-corrected copy is available together with my research archive in the Special Collections Department at St Andrews University Library. http://www.st- andrews.ac.uk/library/specialcollections/ A note for researchers interested in the movement for the reformation of manners 1688-1715 and afterwards has been added as a postscript which lists other studies which have utilised this work and its sources in various ways. I am grateful to the Carnegie Trust for the Universities of Scotland for its generous scholarship support while a research student at Edinburgh University undertaking this study in the 1970s and to the following for their encouragement, guidance and support during the creation and completion of this research. -
The Strange Revival of Bicameralism
The Strange Revival of Bicameralism Coakley, J. (2014). The Strange Revival of Bicameralism. Journal of Legislative Studies, 20(4), 542-572. https://doi.org/10.1080/13572334.2014.926168 Published in: Journal of Legislative Studies Queen's University Belfast - Research Portal: Link to publication record in Queen's University Belfast Research Portal Publisher rights © 2014 Taylor & Francis. This work is made available online in accordance with the publisher’s policies. Please refer to any applicable terms of use of the publisher General rights Copyright for the publications made accessible via the Queen's University Belfast Research Portal is retained by the author(s) and / or other copyright owners and it is a condition of accessing these publications that users recognise and abide by the legal requirements associated with these rights. Take down policy The Research Portal is Queen's institutional repository that provides access to Queen's research output. Every effort has been made to ensure that content in the Research Portal does not infringe any person's rights, or applicable UK laws. If you discover content in the Research Portal that you believe breaches copyright or violates any law, please contact [email protected]. Download date:01. Oct. 2021 Published in Journal of Legislative Studies , 20 (4) 2014, pp. 542-572; doi: 10.1080/13572334.2014.926168 THE STRANGE REVIVAL OF BICAMERALISM John Coakley School of Politics and International Relations University College Dublin School of Politics, International Studies and Philosophy Queen’s University Belfast [email protected] [email protected] ABSTRACT The turn of the twenty-first century witnessed a surprising reversal of the long-observed trend towards the disappearance of second chambers in unitary states, with 25 countries— all but one of them unitary—adopting the bicameral system.