DOCSLIB.ORG

The Queen on the Application of Binyam Mohamed and The

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Queen on the Application of Binyam Mohamed and The Judgment Approved by the court for handing down. BM Case No: T1/2009/2331 Neutral Citation Number: [2010] EWCA Civ 65 COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE DIVISIONAL COURT Lord Justice Thomas and Mr Justice Lloyd-Jones Royal Courts of Justice Strand, London, WC2A 2LL Date: 10/02/2010 Before : THE LORD CHIEF JUSTICE OF ENGLAND AND WALES THE MASTER OF THE ROLLS and THE PRESIDENT OF THE QUEEN’S BENCH DIVISION - - - - - - - - - - - - - - - - - - - - - Between : The Queen on the application of Binyam Mohamed Respondent - and - The Secretary of State for Foreign and Commonwealth Appellant Affairs - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Jonathan Sumption QC, Pushpinder Saini QC and Karen Steyn (instructed by The Treasury Solicitor) for the Secretary of State for Foreign and Commonwealth Affairs; Dinah Rose QC, Ben Jaffey and Tom Hickman (instructed by Leigh Day) for Binyam Mohamed; Thomas de la Mare and Martin Goudie (instructed by The Treasury Solicitor's Special Advocates Support Office) as Special Advocates for Binyam Mohamed; Gavin Millar QC and Guy Vassall-Adams (instructed by Jan Johannes) for Guardian News and Media Ltd, British Broadcasting Corporation, Times Newspapers Limited, Independent News and Media Ltd and The Press Association; Geoffrey Robertson QC and Alex Gask (instructed by Finers Stephens Innocent) for The New York Times Corporation, The Associated Press, the Washington Post, the LA Times and Index on Censorship. Michael Beloff QC (instructed by Liberty and JUSTICE) by way of written submissions. Draft 10 February 2010 12:55 Page 1 Judgment Approved by the court for handing down. BM Hearing dates: 14 -16 December 2009 - - - - - - - - - - - - - - - - - - - - - Approved Judgment The Lord Chief Justice of England and Wales: 1. Every manifestation of the ghastly terrorist attack against the United States of America which took place on 11th September 2001 shocked us all. The international dimension of terrorism was subsequently demonstrated by murderous attacks elsewhere, not least in Madrid and then, in July 2005, in London. The threat of further terrorist attacks, and the desperate need to defeat terrorism, if possible through international co-operation, forms the unchanging background to the issues which arise in this litigation. 2. This is an appeal brought by the Secretary of State for Foreign and Commonwealth Affairs (“the Foreign Secretary”), against a decision of the Divisional Court (Thomas LJ and Lloyd Jones J) to include seven short subparagraphs (“the redacted paragraphs” which are now set out in an appendix at the end of the judgments) in the open version of a judgment (“the first judgment”), notwithstanding the fact that the Foreign Secretary had stated in more than one Public Interest Immunity Certificate (“certificate”) that such publication would lead to a real risk of serious harm to the national security of the UK. 3. The issue whether or not the redacted paragraphs should be published has required us to address fundamental questions about the relationship between the executive and the judiciary in the context of national security in an age of terrorism and the interests of open justice in a democratic society. 4. I have studied the judgments of Lord Neuberger MR and Sir Anthony May PQBD in draft. I gratefully adopt their summaries of the essential facts and arguments. In view of the important issues which arise in the appeal, I shall give a relatively brief judgment of my own, from which it will emerge that, subject to differences of emphasis, I agree that the appeal should be dismissed. 5. The working relationships between the intelligence services of different countries (in this case, the United Kingdom (UK) and the United States of America (USA)) are subject to an understanding of confidentiality, described as the control principle. This confidentiality is vested in the country of the services which provides the information: it never vests in the country which receives the information. The redacted paragraphs are based on information derived by our intelligence services from the intelligence Draft 10 February 2010 12:55 Page 2 Judgment Approved by the court for handing down BM services of the USA. The Foreign Secretary was unable to persuade the Divisional Court that their publication would constitute a danger to the national interest and public safety in this country of such magnitude that it overwhelmed any other considerations. The appeal was advanced by Mr Jonathan Sumption QC on the basis that the Divisional Court’s decision was in many respects “unnecessary and profoundly damaging to the interests of this country”, and indeed that part of the reasoning of the Divisional Court was “irresponsible”. 6. Like any other litigant, but no more than any other litigant, the Foreign Secretary, through counsel instructed on his behalf, was and remains entitled to advance robust submissions before this court, critical of the decision. The question for us is whether this appeal should be allowed. No advantage is achieved by bandying deprecatory epithets. Nevertheless at the very outset I shall record that even a cursory examination of the history of this litigation demonstrates the painstaking care with which the Divisional Court addressed the public interest arguments advanced by the Foreign Secretary. The approach of the Divisional Court to the questions requiring its decision represented an exemplary model of judicial patience. Even if at the end of the argument I had disagreed with the Divisional Court there can be no doubt that its judicial responsibilities were discharged with scrupulous regard to the many difficult questions to which the litigation gave rise and with a clear understanding of the potential significance of an order that the redacted paragraphs should be published. 7. The following open judgments were given by the Divisional Court: 21st August 2008 [2008] EWHC 2048 (Admin); 29th August 2008 [2008] EWHC 2100 (Admin); 22nd October 2008 [2008] EWHC 2519 (Admin); 4th February 2009 [2009] EWHC 152 (Admin); 31st July 2009 [2009] EWHC 2048 (Admin); 16th October 2009 [2009] EWHC 2549 (Admin); 19th November 2009 [2009] EWHC 2973 (Admin). The open judgments extended to over 500 paragraphs, themselves in many cases then divided into sub-paragraphs. They cover nearly 150 closely typed pages of the Weekly Law Reports [2009] 1WLR 2579 and 2653. In the first judgment issues of principle were addressed and decided: none is the subject of an appeal. In the subsequent judgments the redaction question was reconsidered more than once in the light of ongoing developments and unanticipated problems. Anyone seeking a close understanding of the detailed facts as well as the issues which arose for decision should examine the open judgments in chronological order. 8. In addition to these open judgments, two further judgments require attention. First, on the same day that the first open judgment was handed down, a detailed comprehensive judgment, addressing evidence which had been given in closed session was prepared by the Divisional Court. The court recognised that it would be contrary to the public interest for its contents to be published. Whether or not the redacted paragraphs are published, the status of the closed judgment will be maintained. 9. The second judgment was delivered in the USA on 19th November 2009 in the District Court for the District of Columbia (Civil Action No. 05-1347 (GK) in Farhi Saeed Bin Mohamed v Barack Obama. Although some parts of the judgment are redacted, it is a public judgment which addresses issues of material importance to this appeal. Self evidently it was not before the Divisional Court when its sixth open judgment was handed down, and it was drawn to our attention after the conclusion of the arguments on the appeal. Judgment Approved by the court for handing down BM Terrorism 10. Terrorism is a constant threat both here and abroad. An incident in an aeroplane flying to the USA over this Christmas period demonstrates its ever present nature. In this country some terrorist plots have succeeded, with catastrophic results. They have succeeded abroad, with similar catastrophic results. Other plots have failed. And thanks to reliable intelligence and meticulous investigation, yet other plots have been identified and foiled before they could come to fruition. It is difficult to exaggerate the value of good intelligence and its contribution to the safety and wellbeing of the nation. Just as terrorism is international, so the process of intelligence gathering needs to be international. Intelligence comes from many sources, some at home, some abroad. Co-operation between the intelligence services of friendly nations is a critical element in the battle against the terrorist and without mutual inter-dependence based on trust, the risks would be almost irremediably heightened. 11. Mr Sumption observed that “the intelligence relationship between the United Kingdom and the United States is by far the most significant relationship the United Kingdom has from the point of view of internal security and the protection of broader international interest”. He reminded us that the relationship had, for many years, been “highly productive”. There is no reason to minimise the inestimable contribution made to public safety by the longstanding co-operation between the intelligence services of this country and those of the USA. It is a relationship between allies, and the provision of valuable assistance is not one-way traffic. 12. The opinion of the Foreign Secretary, expressed in unequivocal terms in three PII applications, is that the publication of the redacted paragraphs would damage the intelligence sharing arrangements between this country and the USA, between this country and our allies, and the USA and its allies. If the redacted paragraphs are published the USA will “review” the workings of the present intelligence sharing arrangements. Quite apart from any formal “review”, publication may also serve to stultify many of the less formal arrangements which currently work to the advantage of the battle against terrorism. Accordingly the control principle must be upheld in its full rigour.
Load more

Recommended publications
  • Letter to Home Secretary.Pdf
    62 Britton Street London EC1M 5UY United Kingdom Phone +44 (0)20 3422 4321 www.privacyinternational.org Rt Hon Sajid Javid MP Home Secretary Home Office 2 Marsham Street London SW1P 4DF Sent by email: [email protected] CC: Investigatory Powers Tribunal 25 September 2018 Dear Sajid Javid We are writing to express our grave concern and to request your urgent action following today's disclosures regarding the interception of data by the Security and Intelligence Agencies (SIA), including their alarming acquisition and retention of data relating to Privacy International and/or its employees. Privacy International (PI) is a registered charity based in London that works at the intersection of modern technologies and rights. Privacy International challenges overreaching state and corporate surveillance, so that people everywhere can have greater security and freedom through greater personal privacy. Privacy International v Secretary of State for Foreign and Commonwealth Affairs et al. As you will be aware, in June 2015 PI commenced a challenge at the Investigatory Powers Tribunal against the Foreign Secretary, the Home Secretary and the SIA regarding the acquisition, use, retention, disclosure, storage and deletion of 'Bulk Personal Datasets' (BPDs) and Bulk Communications Data (BCDs). These databases and datasets contain vast amounts of personal data about individuals, the majority of whom are unlikely to be of intelligence interest. For example, BPDs held by the SIA include passport databases, travel data, and finance-related activity of individuals, while BCDs (the "who, when, where, and how" of both telephone and internet use) include location information and call data for everyone's mobile telephones in the UK for 1 year.
    [Show full text]
  • The Erosion of Parliamentary Government
    The Erosion of Parliamentary Government JOHN MAJOR CENTRE FOR POLICY STUDIES 57 Tufton Street London SW1P 3QL 2003 THE AUTHOR THE RT HON JOHN MAJOR CH was Prime Minister of Great Britain and Northern Ireland from 1990 to 1997, having previously served as Foreign Secretary and Chancellor of the Exchequer. He was a Conservative Member of Parliament for Huntingdon from 1979 to 2001. Since leaving politics, he has returned to business in the private sector. He also lectures around the world and is active in many charities. The aim of the Centre for Policy Studies is to develop and promote policies that provide freedom and encouragement for individuals to pursue the aspirations they have for themselves and their families, within the security and obligations of a stable and law-abiding nation. The views expressed in our publications are, however, the sole responsibility of the authors. Contributions are chosen for their value in informing public debate and should not be taken as representing a corporate view of the CPS or of its Directors. The CPS values its independence and does not carry on activities with the intention of affecting public support for any registered political party or for candidates at election, or to influence voters in a referendum. ISBN No. 1 903219 62 0 Centre for Policy Studies, October 2003 Printed by The Chameleon Press, 5 – 25 Burr Road, London SW18 CONTENTS Prologue 1. The Decline of Democracy 1 2. The Decline of Parliament 3 3. The Politicisation of the Civil Service 9 4. The Manipulation of Government Information 12 5.
    [Show full text]
  • Government Turns the Other Way As Judges Make Findings About Torture and Other Abuse
    USA SEE NO EVIL GOVERNMENT TURNS THE OTHER WAY AS JUDGES MAKE FINDINGS ABOUT TORTURE AND OTHER ABUSE Amnesty International Publications First published in February 2011 by Amnesty International Publications International Secretariat Peter Benenson House 1 Easton Street London WC1X 0DW United Kingdom www.amnesty.org Copyright Amnesty International Publications 2011 Index: AMR 51/005/2011 Original Language: English Printed by Amnesty International, International Secretariat, United Kingdom All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of the publishers. Amnesty International is a global movement of 2.2 million people in more than 150 countries and territories, who campaign on human rights. Our vision is for every person to enjoy all the rights enshrined in the Universal Declaration of Human Rights and other international human rights instruments. We research, campaign, advocate and mobilize to end abuses of human rights. Amnesty International is independent of any government, political ideology, economic interest or religion. Our work is largely financed by contributions from our membership and donations CONTENTS Introduction ................................................................................................................. 1 Judges point to human rights violations, executive turns away ........................................... 4 Absence
    [Show full text]
  • Making a Hasty Brexit? Ministerial Turnover and Its Implications
    Making a Hasty Brexit? Ministerial Turnover and Its Implications Jessica R. Adolino, Ph. D. Professor of Political Science James Madison University Draft prepared for presentation at the European Studies Association Annual Meeting May 9-12, 2019, Denver, Colorado Please do not cite or distribute without author’s permission. By almost any measure, since the immediate aftermath of the June 16, 2016 Brexit referendum, the British government has been in a state of chaos. The turmoil began with then- Prime Minister David Cameron’s resignation on June 17 and succession by Theresa May within days of the vote. Subsequently, May’s decision to call a snap election in 2017 and the resulting loss of the Conservatives’ parliamentary majority cast doubt on her leadership and further stirred up dissension in her party’s ranks. Perhaps more telling, and the subject of this paper, is the unprecedented number of ministers1—from both senior and junior ranks—that quit the May government over Brexit-related policy disagreements2. Between June 12, 2017 and April 3, 2019, the government witnessed 45 resignations, with high-profile secretaries of state and departmental ministers stepping down to return to the backbenches. Of these, 34 members of her government, including 9 serving in the Cabinet, departed over issues with some aspect of Brexit, ranging from dissatisfaction with the Prime Minister’s Withdrawal Agreement, to disagreements about the proper role of Parliament, to questions about the legitimacy of the entire Brexit process. All told, Theresa May lost more ministers, and at a more rapid pace, than any other prime minister in modern times.
    [Show full text]
  • Background, Brexit, and Relations with the United States
    The United Kingdom: Background, Brexit, and Relations with the United States Updated April 16, 2021 Congressional Research Service https://crsreports.congress.gov RL33105 SUMMARY RL33105 The United Kingdom: Background, Brexit, and April 16, 2021 Relations with the United States Derek E. Mix Many U.S. officials and Members of Congress view the United Kingdom (UK) as the United Specialist in European States’ closest and most reliable ally. This perception stems from a combination of factors, Affairs including a sense of shared history, values, and culture; a large and mutually beneficial economic relationship; and extensive cooperation on foreign policy and security issues. The UK’s January 2020 withdrawal from the European Union (EU), often referred to as Brexit, is likely to change its international role and outlook in ways that affect U.S.-UK relations. Conservative Party Leads UK Government The government of the UK is led by Prime Minister Boris Johnson of the Conservative Party. Brexit has dominated UK domestic politics since the 2016 referendum on whether to leave the EU. In an early election held in December 2019—called in order to break a political deadlock over how and when the UK would exit the EU—the Conservative Party secured a sizeable parliamentary majority, winning 365 seats in the 650-seat House of Commons. The election results paved the way for Parliament’s approval of a withdrawal agreement negotiated between Johnson’s government and the EU. UK Is Out of the EU, Concludes Trade and Cooperation Agreement On January 31, 2020, the UK’s 47-year EU membership came to an end.
    [Show full text]
  • The Virtues and Vices of Advocacy Strategies in the War on Terror
    Roger Williams University DOCS@RWU Law Faculty Scholarship Law Faculty Scholarship 4-2009 The etD ainees' Dilemma: The irV tues and Vices of Advocacy Strategies in the War on Terror Peter Margulies Roger Williams University School of Law Follow this and additional works at: http://docs.rwu.edu/law_fac_fs Part of the Criminal Law Commons, Human Rights Law Commons, International Law Commons, Law and Politics Commons, and the Legal Profession Commons Recommended Citation Peter Margulies, The eD tainees' Dilemma: The irV tues and Vices of Advocacy Strategies in the War on Terror, 57 Buff. L. Rev. 347, 432 (2009) This Article is brought to you for free and open access by the Law Faculty Scholarship at DOCS@RWU. It has been accepted for inclusion in Law Faculty Scholarship by an authorized administrator of DOCS@RWU. For more information, please contact [email protected]. +(,121/,1( Citation: 57 Buff. L. Rev. 347 2009 Provided by: Roger Williams University School of Law Library Content downloaded/printed from HeinOnline Thu Nov 17 10:09:44 2016 -- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at http://heinonline.org/HOL/License -- The search text of this PDF is generated from uncorrected OCR text. -- To obtain permission to use this article beyond the scope of your HeinOnline license, please use: Copyright Information BUFFALO LAW REVIEW VOLUME 57 APRIL 2009 NUMBER 2 The Detainees' Dilemma: The Virtues and Vices of Advocacy Strategies in the War on Terror PETER MARGULIESt INTRODUCTION For detainees in the war on terror, advocacy outside of court is often the main event.' Analysis of advocacy through the prism of Supreme Court decisions 2 resembles surveying t Professor of Law, Roger Williams University School of Law; e-mail: [email protected].
    [Show full text]
  • The Current Detainee Population of Guantánamo: an Empirical Study
    © Reuters/HO Old – Detainees at XRay Camp in Guantanamo. The Current Detainee Population of Guantánamo: An Empirical Study Benjamin Wittes and Zaahira Wyne with Erin Miller, Julia Pilcer, and Georgina Druce December 16, 2008 The Current Detainee Population of Guantánamo: An Empiricial Study Table of Contents Executive Summary 1 Introduction 3 The Public Record about Guantánamo 4 Demographic Overview 6 Government Allegations 9 Detainee Statements 13 Conclusion 22 Note on Sources and Methods 23 About the Authors 28 Endnotes 29 Appendix I: Detainees at Guantánamo 46 Appendix II: Detainees Not at Guantánamo 66 Appendix III: Sample Habeas Records 89 Sample 1 90 Sample 2 93 Sample 3 96 The Current Detainee Population of Guantánamo: An Empiricial Study EXECUTIVE SUMMARY he following report represents an effort both to document and to describe in as much detail as the public record will permit the current detainee population in American T military custody at the Guantánamo Bay Naval Station in Cuba. Since the military brought the first detainees to Guantánamo in January 2002, the Pentagon has consistently refused to comprehensively identify those it holds. While it has, at various times, released information about individuals who have been detained at Guantánamo, it has always maintained ambiguity about the population of the facility at any given moment, declining even to specify precisely the number of detainees held at the base. We have sought to identify the detainee population using a variety of records, mostly from habeas corpus litigation, and we have sorted the current population into subgroups using both the government’s allegations against detainees and detainee statements about their own affiliations and conduct.
    [Show full text]
  • UNITED NATIONS WORKING GROUP on ARBITRARY DETENTION In
    PETITION TO: UNITED NATIONS WORKING GROUP ON ARBITRARY DETENTION In the matter of Zayn Al-Abidin Muhammad Husayn (Abu Zubaydah) Palestinian v. Government of the United States of America Government of the Kingdom of Thailand Government of the Republic of Poland Government of the Kingdom of Morocco Government of the Republic of Lithuania Government of the Islamic Republic of Afghanistan Government of the United Kingdom Submitted by [signature] Helen Duffy international representative of the applicant Human Rights in Practice [address] [phone], [email protected] Submitted: 30.04.2021 Abu Zubaydah v. the United States and 6 others Individual Complaint and Request for Urgent Action under the procedures of the UN Working Group on Arbitrary Detention and Name: Zayn Al-Abidin Muhammad Husayn (Abu Zubaydah) Sex: Male Age: (31 at the time of detention; 50 today) Nationality/Nationalities: Palestinian Address of usual residence: Internment Facility at the US Guantánamo Bay Naval Base, Cuba States against which this complaint is lodged: United States, Afghanistan, Lithuania, Morocco, Poland, Thailand and the United Kingdom. 1 INTRODUCTION ................................................................................................................................................................. 1 1.1 OVERVIEW OF CLAIM ............................................................................................................................................................. 1 1.2 RELIEF SOUGHT AND URGENT ACTION .....................................................................................................................................
    [Show full text]
  • House of Lords Written Answers and Statements
    Session 2019-21 Thursday No. 222 29 April 2021 PARLIAMENTARY DEBATES (HANSARD) HOUSE OF LORDS WRITTEN STATEMENTS AND WRITTEN ANSWERS Written Statements ................................ ................ 1 Written Answers ................................ ..................... 2 [I] indicates that the member concerned has a relevant registered interest. The full register of interests can be found at http://www.parliament.uk/mps-lords-and-offices/standards-and-interests/register-of-lords-interests/ Members who want a printed copy of Written Answers and Written Statements should notify the Printed Paper Office. This printed edition is a reproduction of the original text of Answers and Statements, which can be found on the internet at http://www.parliament.uk/writtenanswers/. Ministers and others who make Statements or answer Questions are referred to only by name, not their ministerial or other title. The current list of ministerial and other responsibilities is as follows. Minister Responsibilities Baroness Evans of Bowes Park Leader of the House of Lords and Lord Privy Seal Earl Howe Deputy Leader of the House of Lords Lord Agnew of Oulton Minister of State, Treasury and Cabinet Office Lord Ahmad of Wimbledon Minister of State, Foreign, Commonwealth and Development Office Lord Ashton of Hyde Chief Whip Baroness Barran Parliamentary Under-Secretary of State, Department for Digital, Culture, Media and Sport Baroness Berridge Parliamentary Under-Secretary of State, Department for Education and Department for International Trade Lord Bethell
    [Show full text]
  • The Cabinet Manual
    The Cabinet Manual A guide to laws, conventions and rules on the operation of government 1st edition October 2011 The Cabinet Manual A guide to laws, conventions and rules on the operation of government 1st edition October 2011 Foreword by the Prime Minister On entering government I set out, Cabinet has endorsed the Cabinet Manual as an authoritative guide for ministers and officials, with the Deputy Prime Minister, our and I expect everyone working in government to shared desire for a political system be mindful of the guidance it contains. that is looked at with admiration This country has a rich constitution developed around the world and is more through history and practice, and the Cabinet transparent and accountable. Manual is invaluable in recording this and in ensuring that the workings of government are The Cabinet Manual sets out the internal rules far more open and accountable. and procedures under which the Government operates. For the first time the conventions determining how the Government operates are transparently set out in one place. Codifying and publishing these sheds welcome light on how the Government interacts with the other parts of our democratic system. We are currently in the first coalition Government David Cameron for over 60 years. The manual sets out the laws, Prime Minister conventions and rules that do not change from one administration to the next but also how the current coalition Government operates and recent changes to legislation such as the establishment of fixed-term Parliaments. The content of the Cabinet Manual is not party political – it is a record of fact, and I welcome the role that the previous government, select committees and constitutional experts have played in developing it in draft to final publication.
    [Show full text]
  • Information Service Press Release GATT/528 European Office of the United Nations 7 September 1960 Geneva
    Information Service Press Release GATT/528 European Office of the United Nations 7 September 1960 Geneva GENERAL AGREEMENT ON TARIFFS AND TRADE INAUGURAL MEETING OF THE 1960-61 TARIFF CONFERENCE 1 SEPTEMBER 1960 Address delivered by Sir Richard Powell, Permanent Secretary of the Board of Trade, representing the President of the Board of Trade It is with mixed feelings that I make my first appearance in these surroundings. On the one hand I feel honour and pleasure being privileged to represent the Government of the United Kingdom and the President of the Board of Trade at the opening of a conference which, in my country, is generally regarded as of very special importance. With that is mixed diffidence at appearing at a gathering where, in spite of what Mr. Randall has just said, I have no doubt that everyone is more expert than I am, to whom GATT has hitherto been one of the major mysteries of life. However, I hove come here to be educated and despite the handicaps from which I suffer I will, if I may, venture upon a few brief comments. The United Kingdom as a great trading nation - a nation whose very life depends on trade - has always taken a close interest in the General Agreement, has participated fully in all its activities and has given strong support to its broad objective of freeing international trade from limitations and restrictions. This interest and support has been further marked by the appointment this year of a Permanent Representative at the seat of the GATT with the rank of Ambassador, in the person of Sir Edgar Cohen who is here with me today and who will lead the United Kingdom team in the forthcoming negotiations.
    [Show full text]
  • Uk Constitutional Reform and Governance Bill (Cr&Gb)
    LEGISLATIVE CONSENT MEMORANDUM UK CONSTITUTIONAL REFORM AND GOVERNANCE BILL Draft Legislative Consent Motion 1. The draft motion, which will be lodged by the Cabinet Secretary for Finance and Sustainable Growth, is: “That the Parliament agrees that the relevant provisions of the Constitutional Reform and Governance Bill, introduced in the House of Commons on 20 July 2009, relating to the Civil Service and Human Rights Claims against Devolved Administrations, so far as these matters alter the executive competence of Scottish Ministers, should be considered by the UK Parliament.” Background 2. This memorandum has been lodged by John Swinney, Cabinet Secretary for Finance and Sustainable Growth, under Rule 9.B.3.1 (a) of the Parliament’s standing orders. The Constitutional Reform and Governance Bill was introduced in the House of Commons on 20 July 2009. The Bill can be found at: http://services.parliament.uk/bills/2008-09/constitutionalreformandgovernance.html. Content of the Constitutional Reform and Governance Bill 3. The Constitutional Reform and Governance Bill relates to (i) the Civil Service; (ii) Ratification of Treaties; (iii) The House of Lords; (iv) Public Order; (v) Time Limits for Human Rights Actions Against Devolved Administrations; (vi) Courts and Tribunals; (vii) National Audit; (viii) Transparency of Government Financial Reporting to Parliament. Provisions Which Relate to Scotland 4. It is only certain Civil Service provisions in the Bill that alter the executive competence of Scottish Ministers 5. The Civil Service in Scotland is part of the unified “Home Civil Service” operating in Great Britain. The Northern Ireland Civil Service is separate. The Bill would put the Home Civil Service on a statutory footing without altering the administrative arrangements currently established through Orders in Council.
    [Show full text]