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03 November 2011 / Hle Blog
Issue: 7488 / Categories: Blogs
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Man on a mission

HLE blogger Simon Hetherington anticipates the attorney general's address to the ECtHR on the question of prisoners' voting rights

"Dominic Grieve QC, the attorney general is, no doubt, a skilled advocate. The letters after his name suggest as much, and the position he has reached in public life endorses that suggestion. Such, presumably, is the skill he will take with him to address the European Court of Human Rights on the question of prisoners’ voting rights, arising in an Italian case.

This is an issue on which the government (or at least the dominant coalition partner) feels fairly strongly. In brief, the court has seemed to think that prisoners should have the right to vote; the government thinks not, and is looking for the least degree of compliance that it can get away with. In Grieve’s own words, “we need clarity”—though it is unclear quite what is unclear.

We know the gist of what Grieve will say, because he very helpfully outlined his argument in a speech reported in The Guardian last week. Presumably he does not mind that other participants in the proceedings may have the advantage provided by prior knowledge of his case. But would it be cynical to wonder whether the occasion is a platform for a home-facing speech rather than a full-on attempt to limit the direct power of the court? The government is just now a little sensitive on matters European and has the difficult task of trying to please everyone at the same time.

The attorney general will be talking about “subsidiarity”, and seeking to argue that the court should not spend time on matters which can be and have been fully explored at national level. This is a view that has been expressed recently by the justice secretary, Ken Clarke; and it is a main plank of the independent review commissioned by the government in advance of the UK’s presidency of the Council of Europe.

It is a powerful point and should be listened to. True, it is being urged by a government that wishes to repeal the Human Rights Act (which is for all its faults a means by which subsidiarity can be sustained so long as the court in Strasbourg gives it adequate notice). But that government has never said that it wishes to resile from the Convention…”

Continue reading at www.halsburyslawexchange.co.uk

Issue: 7488 / Categories: Blogs
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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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