Prior to the Commons consideration of the Pension Schemes Bill [Lords] and the subsequent adjournment and lockdown of the parliamentary estate, a first readingwas given to Tim Farron’s Ten Minute Rule Bill, Terms of Withdrawal from the European Union (Referendum). A second reading was scheduled for Friday 12 May – although its chances of becoming law are zero. Continue reading →
A week dominated by Brexit, ‘First Minister vs Prime Minister’ and the fall-out from the first judgments of the CJEU on religious manifestation…
As expected, on Monday the Commons rejected the Lords amendments to the European Union (Notification of Withdrawal) Bill, the Lords did not insist on their amendments and the bill passed. So after a total of 70 hours of debate, the EU (Notification of Withdrawal) Bill completed its passage through Parliament and received Royal Assent on Thursday. The BBC reports that the Prime Minister is expected to wait until the end of the month formally to notify the EU of the UK’s intention to leave.
The legal requirement to read banns for couples intending to marry in church services was considered by members of the Church of England General Synod on 14 February 2017. Though Synod rejected moves that sought to end this “ecclesiastical preliminary” to marriage, important arguments were cited both for their retention and for their removal. In this post, we summarize the development and current usage in England and Wales, Scotland and the two jurisdictions in Ireland, and examine possible future directions. Continue reading →
Short form judgments, bats, child abduction and polygamy…
Short form judgments
The Master of the Rolls has asked his colleagues in the Court of Appeal to issue shorter judgments where there are no issues of law or principle or of wider general significance and where all the relevant facts are set out in the judgment of the court below and are not disputed in the appeal. A Judicial Office spokesman said that in such cases:
“it may be possible to avoid reciting all the facts, the course of the proceedings and the judgments below, and proceed, after a brief introduction, to a statement of the decision on the principal arguments on the appeal and the outcome of the appeal.” Continue reading →
Challenge to religious observance in Scottish schools
Last week, The Guardianreported that Lord Pentland, sitting in the Outer House of the Court of Session, had approved the initial draft of an application by Humanist Society Scotland for judicial review of the provision under which school pupils aged 16 and above have no right to opt out of religious observance. It will now be remitted to the Scottish Government for a response. Continue reading →
The draft Measure would enable the General Synod to tidy up the Church of England’s statute law. Briefly, Clause 1 empowers the Archbishops’ Council to make orders removing or reducing “legislative burdens”. However, that power is subjected to a series of complex conditions, including a list of statutes that are excluded from the scope of the order-making power and, as we shall see, a special procedure in Synod.