16 November 2021
Can you refuse to give evidence to a public inquiry?
Individuals asked to give evidence to public inquiries often wonder whether they really have a choice. The case of Chairman of the Manchester Arena Inquiry v Taghdi [2021] EWHC 2878 (Admin) illustrates how refusing to participate might play out. Potential witnesses in next year’s coronavirus (Covid-19) inquiry take note.
29 October 2021
Having our cake and eating it: Parliamentary sovereignty in light of Brexit and the Covid-19 pandemic
One of the key themes of the Brexit campaign was for the UK to retain Parliamentary sovereignty, or “Take Back Control.” This blog focuses on that aspect of Brexit and revisits previous discussions around delegated legislation and Parliamentary sovereignty to assess the effect of the past 9 months on our Parliament.
29 October 2021
Reform of the Human Rights Act: The Lord Chancellor’s “mechanism” to correct judgements
At the recent Conservative party conference, the new Lord Chancellor, Dominic Raab, signalled his intention to “overhaul” the Human Rights Act 1998 (the ‘Act’). It has since been reported that he is working on a “mechanism” to allow the Government to introduce ad hoc legislation to correct court judgements that ministers believe to be incorrect. Whilst the precise details of any mechanism remain to be seen, this notion is constitutionally problematic in that it potentially grants the executive wide powers to override the judiciary.
6 October 2021
Preparation for Public Inquiries - Webinar Summary
In light of the announcement that an independent inquiry into the Government’s handling of the coronavirus pandemic will begin in spring 2022, Kingsley Napley hosted a webinar last week on the theme of Preparing for Public Inquiries in conjunction with Blackstone Chambers and FTI Consulting. For anyone who missed this event, a recording is available here (LINK) and we have also prepared the summary below.
4 October 2021
Essential Planning for the COVID Inquiry - Sophie Kemp provides insight for the Carer
Given a judge-led inquiry into how the Scottish Government handled the COVID pandemic will start before the end of this year, many are anxiously awaiting news of the Government’s promised UK- wide public inquiry.
Back in May 2021, No 10 committed to that inquiry starting in Spring 2022. Yet months on, details are scant. Who will Chair it? What are its terms of reference? Yes, there may be six months to go, but vital questions remain before any inquiry of this national significance and stature begins.