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Government Response To The Constitutional Affairs Committee First Report Of Session 2006 07


Government Response To The Constitutional Affairs Committee First Report Of Session 2006 07
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Government Response To The Constitutional Affairs Committee First Report Of Session 2006 07


Government Response To The Constitutional Affairs Committee First Report Of Session 2006 07
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Author : Great Britain: Office of the Leader of the House of Commons
language : en
Publisher: The Stationery Office
Release Date : 2007-05-15

Government Response To The Constitutional Affairs Committee First Report Of Session 2006 07 written by Great Britain: Office of the Leader of the House of Commons and has been published by The Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-05-15 with Political Science categories.


Dated May 2007. Response to HCP 163-I, session 2006-07 (ISBN 9780215031853)



The Creation Of The Ministry Of Justice


The Creation Of The Ministry Of Justice
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Author : Great Britain: Parliament: House of Commons: Justice Committee
language : en
Publisher:
Release Date : 2007-12-03

The Creation Of The Ministry Of Justice written by Great Britain: Parliament: House of Commons: Justice Committee and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-12-03 with Political Science categories.


Government response to the predecessor committee of the Justice Committee, the Constitutional Affairs Committee's report HCP 466, session 2006-07 (ISBN 9780215035608)



Government Response To The Committee S Third Report


Government Response To The Committee S Third Report
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Author : Great Britain: Parliament: House of Commons: Home Affairs Committee
language : en
Publisher:
Release Date : 2007-10-23

Government Response To The Committee S Third Report written by Great Britain: Parliament: House of Commons: Home Affairs Committee and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-10-23 with Law categories.


Terrorism, crime and migration are trans-national challenges. The Hague Programme, adopted in 2004, set out a way forward at the EU level, but the failure of the Constitutional Treaty could mean a reprioritisation is needed. This document sets out the Government's reply to the Committee's report (HCP 76-I, session 2006-07; ISBN 9780215034397), as well as the details of a letter from Commissioner Franco Frattini on behalf of the European Commission.



Draft Constitutional Renewal Bill Provisions Relating To The Attorney General


Draft Constitutional Renewal Bill Provisions Relating To The Attorney General
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Author : Great Britain. Parliament. House of Commons. Justice Committee
language : en
Publisher: The Stationery Office
Release Date : 2008

Draft Constitutional Renewal Bill Provisions Relating To The Attorney General written by Great Britain. Parliament. House of Commons. Justice Committee and has been published by The Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Political Science categories.


This report examines the draft Constitutional Renewal Bill (contained in Cm. 7342-I,II,III, ISBN 9780101734226) to see how far its provisions put into effect the recommendations of its predecessor Committee's 5th report on the constitutional role of the Attorney General (HC 306, session 2006-07, ISBN 9780215035462). The draft Bill makes no substantial change to the current situation. The Attorney General remains both chief legal adviser to the Government and a Government minister. There is no justification for giving the Attorney General power to halt investigations by the Serious Fraud Office. The Committee favours a statutory duty being placed on ministers to observe the rule of law. The accountability of the post remains limited. Public confidence in the post could be enhanced if it were to become the practice to publish all or most of the Attorney General's advice where it is referred to in support of a political case being put forward by the Government. The problem of being both legal adviser and a minister is difficult to resolve, but the Committee believes that transparency require s separating the political functions from the legal functions. The Draft Bill fails to achieve the purpose given to constitutional reform by the Prime Minister: it gives greater power to the Executive; and it does not add to transparency.



The Constitutional Role Of The Attorney General


The Constitutional Role Of The Attorney General
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Author : Great Britain: Parliament: House of Commons: Constitutional Affairs Committee
language : en
Publisher: The Stationery Office
Release Date : 2007-07-26

The Constitutional Role Of The Attorney General written by Great Britain: Parliament: House of Commons: Constitutional Affairs Committee and has been published by The Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-07-26 with Law categories.


This report identifies the inherent tension within the role of the Attorney General where political, ministerial functions have to balanced with the provision of independent legal advice and the supervision of the prosecution service. Although there is a need for accountability to Parliament and the public for the duties carried out, there is also a need for reform to ensure clear lines of responsibility and remove the suspicion of political pressure. The Committee therefore recommend that the duties of the Attorney General be split. The purely legal functions should be carried out by an official who is outside party political life, whilst a minister in the Ministry of Justice should carry out the ministerial duties.



Devolution


Devolution
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Author : Great Britain: Parliament: House of Commons: Justice Committee
language : en
Publisher: The Stationery Office
Release Date : 2009-05-24

Devolution written by Great Britain: Parliament: House of Commons: Justice Committee and has been published by The Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-05-24 with Political Science categories.


Devolution was a major component of the Government's package of proposed constitutional reform for the United Kingdom post 1997. Devolution has fundamentally transformed politics within the devolved territories, but it has also had a significant impact on the make-up and the constitution of the United Kingdom. Fundamental changes in the way Scotland, Wales and Northern Ireland are governed have not been followed by major changes in the way England is governed. Matters which are the responsibility of devolved Parliaments in the rest of the UK are, in England, determined by the United Kingdom Government and Parliament. This report identifies several changes required to improve the current infrastructure and the procedures and practices of governance in the UK after devolution, in order to facilitate the effective and efficient functioning of the asymmetric system of devolution. Whitehall was not ready for devolution. Departmental responsibility for overseeing the working of the UK's system of government has been divided and unsettled, and the report recommends that a lead department responsible for devolution strategy be identified. The second half of the report identifies two significant constitutional and political issues which have been brought into sharp focus since the onset of devolution in 1999: first, the fact that England remains highly centralised under the authority of the UK Government and Parliament, resulting in the "English Question", a phrase which encapsulates a range of different questions in relation to the governance of England, and, secondly, the increasing concern about the efficacy and application of the Barnett Formula as the means for the allocation of increases and decreases in public funds.



Towards Effective Sentencing


Towards Effective Sentencing
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Author : Great Britain. Parliament. House of Commons. Justice Committee
language : en
Publisher: The Stationery Office
Release Date : 2008

Towards Effective Sentencing written by Great Britain. Parliament. House of Commons. Justice Committee and has been published by The Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.


This report evaluates the extent to which the provision s of the Criminal Justice Act 2003 to provide overall structure and clarity to sentencing, by reserving prison for the most dangerous offenders and by making effective provision to deal with other offenders through community sentence, have been implemented, and its impact on sentencing. The Committee is concerned that the Government failed to engage in any adequate resource and capacity planning for the coming into effect of the Imprisonment for Public Protection (IPP). This new sentence was not accompanied by the level of custodial resources required to make it work. Meanwhile, the desired shift to community penalties where public safety is not at issue has not occurred to the extent that was hoped. Resources are a fundamental issue in delivering an effective sentencing strategy. So too is public confidence in the criminal justice system. The Government has failed to provide the information and leadership required to facilitate an informed public debate, while the media climate for such debate often depends on isolated discussion of particular cases which inhibits calm consideration. While the Government accepted the recommendations of Lord Carter's review of prisons, the Committee found his report deeply unimpressive, as it was not evidence based and was a missed opportunity. It should have considered how to develop new ideas to address the problems with sentencing and provision of custodial and non-custodial facilities in England and Wales. The Government has not learnt vital lessons from past experience. It needs to adopt a strategic approach to sentencing. The Committee make a series of detailed recommendations around these issues in order to make further progress towards effective sentencing.



The Creation Of The Ministry Of Justice


The Creation Of The Ministry Of Justice
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Author : Great Britain: Parliament: House of Commons: Constitutional Affairs Committee
language : en
Publisher: The Stationery Office
Release Date : 2007-07-26

The Creation Of The Ministry Of Justice written by Great Britain: Parliament: House of Commons: Constitutional Affairs Committee and has been published by The Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-07-26 with Law categories.


The creation of the Ministry of Justice made significant changes to the Lord Chancellor's responsibilities, which may affect, in practice or public perception, the core responsibility of being the guardian of judicial independence. This report looks at the way these changes were made and finds the Government underestimated the significance of the changes it announced. The lack of sufficient consultation led to a public conflict between the senior judiciary and the previous Lord Chancellor, which could have been avoided if the lessons from the way changes to the Lord Chancellor's office were announced and effected between 2003 and 2005 had been learnt.



Crown Dependencies


Crown Dependencies
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Author : Great Britain: Parliament: House of Commons: Justice Committee
language : en
Publisher: The Stationery Office
Release Date : 2008

Crown Dependencies written by Great Britain: Parliament: House of Commons: Justice Committee and has been published by The Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Business & Economics categories.


The Isle of Man, Jersey and Guernsey are self-governing dependencies of the UK. These "Crown Dependencies" have their own directly-elected legislatures together with independent legal, administrative and fiscal systems. UK legislation only extends to them with the consent of the relevant legislatures. The UK Government represents the Crown Dependencies in international and defence matters, a role for which it receives annual payment from each dependency. The Ministry of Justice is the UK Government department responsible for managing the UK's constitutional relationship with the Crown Dependencies and the department's performance in doing so falls within the remit of this Committee. In 2008 problems in the Icelandic banking sector (also affecting subsidiaries of Icelandic banks in, inter alia, the UK, Isle of Man and Guernsey) and the UK authorities' response gave rise to a number of issues which, in the opinion of the Committee, merited examination. Many UK-based depositors in banks in the Crown Dependencies fear that they may have lost most or all of their savings and want to know what responsibilities the UK Government has in these matters. The Committee took evidence from Lord Bach, Parliamentary Under-Secretary of State, Ministry of Justice and received written evidence. Prior to this, in November 2008, the Committee had the benefit of an informal meeting with a delegation from Tynwald, the Isle of Man legislature, led by its President, Hon Noel Cringle MLC. The Committee believes that some questions over the relationship between the UK and the Crown Dependencies remain to be answered and that further clarity on the way in which the dependencies' interests are protected by the UK Government is required. The situation is further complicated by the relationships between the parent banks in Iceland and their subsidiaries in the UK, the Isle of Man and Guernsey as well as between the financial regulators in each jurisdiction. The Committee was not sure that the arrangements within the Government were adequate to deal with all aspects of the recent crisis. The Committee intend to return to the wider issues, and the performance of the Ministry of Justice in these matters, in the New Year. There is also the independent review of the immediate and long-term challenges facing British offshore financial centres in the current economic climate commissioned by HM Treasury.



Counter Terrorism Bill


Counter Terrorism Bill
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Author : Great Britain: Parliament: House of Commons: Justice Committee
language : en
Publisher: The Stationery Office
Release Date : 2008-03-20

Counter Terrorism Bill written by Great Britain: Parliament: House of Commons: Justice Committee and has been published by The Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-03-20 with Political Science categories.


Government response to HC 405, session 2007-08.