24 August 2023
Who makes UK law?
Is the current approach to delegated legislation undermining the constitutional balance between executive & legislature?
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Today, most UK laws are made by government ministers with little parliamentary involvement, risking potentially serious consequences.
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Tighter control over the use of delegated legislation is now required. A better system of scrutiny needs to be introduced. A reassertion of the boundary line between primary and delegated legislation is also called for.
18 August 2023
Lunges, parries & the ouster clause
Ouster clauses are provisions inserted into legislation to prevent judicial review challenges that target particular decisions by public bodies. They exclude the common law supervisory jurisdiction of the courts. The basis for them is that, under our constitution, Acts of Parliament are supreme and Parliament can curtail the jurisdiction of the courts if it so chooses.
31 May 2023
Company investigations: Common traps and how to avoid them
Company investigations are often fraught with issues and there is much to consider. Those in charge are commonly afforded very little time before having to proceed. It therefore pays to be aware of some of the potential pitfalls at the outset.
31 March 2023
UK data protection reform: Some much needed clarity
After many months waiting for further clarity, Emily Carter outlines what we now know about the direction of data protection reform in the UK following publication of the Data Protection and Digital Information (no. 2) Bill.
After the Government’s consultation in September 2021 and publication of the Data Protection and Digital Information Bill in July 2022, the data reform process was paused last Autumn following the country’s change in prime minister to enable ministers to consider the legislation further. Since this time, with Michele Donelan appointed as the responsible secretary of state, there have been mixed messages with respect to how significant the further amendment to the draft bill would be. In her speech at the Conservative party conference in October, Donelan stated that the GDPR would be ‘replaced’ with a business and consumer friend data protection system, raising the prospect of an entirely new approach to data protection.
15 March 2023
ICO regulatory update: The only constant is change Spring 2023
The Information Commissioner’s Office (ICO) regulates every organisation which deals with personal data and official data in the UK (and sometimes overseas). Its remit extends across the public and private sector, including multinationals, SMEs, public authorities and charities.