• In Focus

    Proposal to extend the power of the UK courts to depart from retained EU case law

    The European Union (Withdrawal) Act 2018 provides the UK Supreme Court and the High Court of Justiciary in Scotland with the power to depart from retained EU case law after the end of the transition period. Draft regulations, introduced by the Government in October 2020, seek to extend this power to the Court of Appeal and other equivalent courts and tribunals. This article looks at the detail of the regulations and recent scrutiny that has taken place.

  • In Focus

    Sanctions (EU Exit) (Consequential Provisions) (Amendment) Regulations 2020

    Since the passage of the Sanctions and Anti-Money Laundering Act 2018, the Government has been preparing for the UK to implement sanctions once it is no longer covered by the EU’s legal framework. The draft Sanctions (EU Exit) (Consequential Provisions) (Amendment) Regulations 2020 would amend existing sanctions regulations made under the 2018 act to ensure that references in other pieces of primary and secondary legislation are up to date.

  • In Focus

    Changes to the planning system in England: Permitted development rights and use classes

    In August and September 2020, the Government made several changes to the planning system in England. It introduced secondary legislation creating new permitted development rights and making changes to use classes. Five of these statutory instruments are being debated in the House of Lords on 27 October 2020. This article provides a summary of these instruments and the scrutiny they have received so far in Parliament.

  • In Focus

    Domestic abuse in the UK: Government support

    During the Covid-19 pandemic, domestic abuse charities have reported a sharp increase in demand for their services. In response, the Government has provided additional funding to local authorities and domestic violence groups, and is seeking to enact further measures through the Domestic Abuse Bill shortly to come before the House of Lords.

  • In Focus

    Brexit: Citizens’ rights regulations

    Three draft statutory instruments due to be debated in the House of Lords on 22 October 2020 would give effect to commitments in the EU Withdrawal Agreement, the EEA EFTA Separation Agreement and the Swiss Citizens’ Rights Agreement. These statutory instruments cover a “grace period” for applications to the EU settlement scheme permits for frontier workers; and the deportation of EEA citizens.

  • In Focus

    Prosecution of Offences (Custody Time Limits) (Coronavirus) (Amendment) Regulations 2020

    These regulations temporarily increase the amount of time that a defendant can be held in custody whilst awaiting a crown court trial. The Government said that the purpose of the regulations is to provide reassurance to victims and the public following the recent delays in trial listings caused by the Covid-19 pandemic. The regulations came into force on 28 September 2020 and will expire on 28 June 2021.

  • In Focus

    Coronavirus: Rule of six regulations

    The Health Protection (Coronavirus, Restrictions) (No. 2) (England) (Amendment) (No. 4) Regulations 2020 place a prohibition on people gathering in groups of more than six in England; in effect implementing the Government’s ‘rule of six’ policy. Exemptions apply, for example if individuals are members of the same household or two linked households (a support bubble). The House of Lords is due to debate a motion to regret the rules on 6 October 2020.

  • In Focus

    Black History Month: Whose history do we tell, and how?

    For many years there has been debate about the public representation of historical figures. Black Lives Matter protests in the spring and summer of 2020 renewed media focus on this issue, particularly regarding statues of people with links to slavery and other exploitative or abusive behaviour. This debate is also taking place in other sectors, as people explore how history and knowledge can be made more representative, complete and restorative—from university curricula to library collections.

  • In Focus

    Coronavirus: Motion to annul rules on eviction court cases

    The Civil Procedure (Amendment No. 4) (Coronavirus) Rules 2020 make arrangements for how eviction court cases, which were temporarily suspended during the coronavirus pandemic, will proceed when the suspension is lifted on 21 September 2020. On 23 September 2020, the House of Lords is due to debate a motion to annul the rules.

  • In Focus

    Brexit: Refugee protection and asylum policy

    After the Brexit transition period, the UK will no longer participate in the Dublin system, an EU arrangement for dealing with asylum applications. This article looks at the findings of a House of Lords committee report that considered the impact of Brexit on refugee and asylum policy, and sets out what has happened since the report was published in October 2019.

  • Research Briefing

    Fire Safety Bill: Briefing for Lords Stages

    The Fire Safety Bill is a government bill, and forms part of the Government’s response to the Grenfell fire. It seeks to clarify the scope of the Fire Safety Order 2005, specifically to ensure that the responsible person or duty-holder for multi-occupied, residential buildings must manage and reduce the risk of fire for the structure and external walls of the building, including cladding, balconies and windows; and for entrance doors to individual flats that open into common parts.