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28 November 2012
Issue: 7540 / Categories: Legal News
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Goldsmith v Grayling

Former attorney general attacks new justice secretary

Lord Goldsmith, the former attorney general, has accused the new justice secretary of failing in his duty to uphold the law.

In a sharply worded letter to The Times this week, Lord Goldsmith said Chris Grayling had “failed” his first test by “telling Parliament in effect that it could disregard the ruling of the European Court of Human Rights” on prisoners’ votes. This was “the opposite of upholding the rule of law”, he said.

Lord Goldsmith, who referred in the letter to the fact Grayling is not a lawyer, concluded: “One cannot imagine former Lords Chancellor such as Hailsham, Mackay or Irvine making this mistake.”

The European Court of Human Rights has ruled that the UK’s blanket ban on prisoners being allowed to vote is unlawful.

Grayling told MPs last week that Parliament was sovereign and that they could, if they wished, reject the court’s ruling. He added there would be a political cost to doing this. He laid a draft Bill before Parliament with options of keeping the blanket ban or giving the vote to prisoners sentenced to four years or six months.

Up to 3,000 prisoners could bring compensation claims for breach of their human rights if the government continues with a blanket ban.

Issue: 7540 / Categories: Legal News
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MOVERS & SHAKERS

42BR Barristers—4 Brick Court

42BR Barristers—4 Brick Court

42BR Barristers to be joined by leading family law set, 4 Brick Court, this summer

Winckworth Sherwood—Rubianka Winspear

Winckworth Sherwood—Rubianka Winspear

Real estate and construction energy offering boosted by partner hire

Gateley Legal—Daniel Walsh

Gateley Legal—Daniel Walsh

Firm bolsters real estate team with partner hire in Birmingham

NEWS
A wave of housing and procedural reforms is set to test the limits of tribunal capacity. In his latest Civil Way column for NLJ this week, Stephen Gold charts sweeping change as the Renters’ Rights Act 2025 begins biting
Plans to reduce jury trials risk missing the real problem in the criminal justice system. Writing in NLJ this week, David Wolchover of Ridgeway Chambers argues the crown court backlog is fuelled not by juries but weak cases slipping through a flawed ‘50%’ prosecution test
Emerging technologies may soon transform how courts determine truth in deeply personal disputes. In this week's NLJ, Madhavi Kabra of 1 Hare Court and Harry Lambert of Outer Temple Chambers explore how neurotechnology could reshape family law
A controversial protest case has reignited debate over the limits of free expression. In NLJ this week, Nicholas Dobson examines a Quran-burning incident testing public order law
The courts have drawn a firm line under attempts to extend arbitration appeals. Writing in NLJ this week, Masood Ahmed of the University of Leicester highlights that if the High Court refuses permission under s 68 of the Arbitration Act 1996, that is the end
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