Tag Archives: think piece

Advising vulnerable young people

By Mr John Peake, Director of the Law Clinic (University of Bristol Law School).

© David McKelvey

Kate Aubrey-Johnson writes that vulnerable children are not impressed by barristers’ textbooks. But then who would be. Certainly not the majority of young people who are drawn into the criminal justice world.

But the points she makes about the need for youth advocates to be specially trained and equipped with the communication skills needed to engage with vulnerable young people are as valid when advising the majority of young people as when representing those young people who are brought into the youth justice system.

For the first few months of my time as Director of the University of Bristol Law Clinic we were running drop in sessions initially with Creative Youth Network and then in conjunction with Kids Company. Both of these sessions operated from premises in Silver Street in the centre of Bristol but there was a marked disparity between take up. In the three months we were running sessions through Creative Youth we maybe saw two people. In contrast we would normally see at least two young people at each of the weekly Kids Company sessions. Some of the Kids Company young people continue to receive help from the Clinic. So why the difference?  Continue reading

New LLM: Health, Law, and Society

By Prof John Coggon, Professor of Law and Co-Director, Centre for Health, Law, and Society (University of Bristol Law School).

Scholars at the University of Bristol Law School have enjoyed a longstanding presence at the forefront of research in health law, and the undergraduate unit in Medical Law has become one of the most popular options on our degree programme. The School is home to leaders in fields that examine health law topics such as reproduction, mental health, public and global health, medical innovation, public procurement, and professional regulation. Our academics explore these issues from critical perspectives that include ethical, justice-based, historical, regulatory, economic, political and socio-legal approaches. As well as leading in research and education, we have close engagement with bodies responsible for advocacy, regulation, standard-setting, professional training, and providing ethical review and advice.

In reflection of this excellent concentration of expertise and experience, we have founded a new research Centre and are launching an exciting LLM Programme in Health, Law, and Society. Our aim with this innovative degree is to advance a course that looks at, but also reaches far beyond, questions concerning medicine and healthcare, to incorporate knowledge and understanding of how law and governance across all social and political sectors may impact health—for better or for worse. The breadth and depth of study on the course, reflecting directly our diverse range of teaching and research interests, is enhanced by the inclusion throughout the year of guest sessions led by scholars and specialists whose work and practice afford them unique insights and perspectives. Continue reading

Never Mind the Bake Off, here’s the Great Business Bake In?

By David Hunter, Knowledge Exchange Fellow (University of Bristol Law School).

It seems much of the UK will be focused this year on The Great British Bake Off and whether it will be quite the same, or as successful, as it was in its previous incarnation. Away from popular culture, but with an even more pervasive impact on the lives of the nation, it could be a baking in, rather than a bake off, that is significant in 2017. The ingredient is mission, or purpose, being baked into the constitutions and cultures of business. Continue reading

What Boko Haram Taught Me about the Right to Education

By Dr Foluke Adebisi, Teaching Associate (University of Bristol Law School).*

© Tony Karumba / AFP

On 14 April 2017, it will be three years since we heard the news that 230 schoolgirls had been kidnapped by Boko Haram, causing global shock and horror. Since then, some have been released, and some escaped. However, focus on the Chibok schoolgirls, often overshadows the greater tragedy.

Amnesty International suggests that over 2,000 girls and women have been abducted by Boko Haram across the North of Nigeria. Though, Borno state, (with a landmass slightly larger than Croatia) and its people have borne the brunt of Boko Haram. Boko Haram is the sobriquet for a group whose activities are predicted on a violent abhorrence for ‘Western’ education. The Arabic names they call themselves translate into ‘Group of the People of Sunnah for Preaching and Jihad’ and ‘Islamic State West Africa Province.’ Their vicious campaigns have kept an estimated 120,000 students from education of any kind. Andrew Walker’s book ‘Eat the Heart of the Infidel examines how Boko Haram trades on the currency of religion and the politicisation of education to sell violence to its adherents.

Obviously, if any case is to be made against them as regards the abductees, a cause of action would properly lie within national criminal laws or for crimes against humanity. However, due to the ESC nature of the right to education, the 120,000 students who have been excluded from school seem to have very little recourse to contest the violation of their right to education. This is because ESC rights are largely seen as non-justiciable. Also, the demarcation of rights into ESC and civil/political rights does not reflect the historicity and needs of the populace. An interesting approach to this incongruous distinction is taken by the Inter-American Court of Human Rights (IACrtHR). What lessons, I ask, can we learn from the court? Continue reading

The phoney war is over. Theresa May has triggered Article 50. The clock is ticking. But clarity and legal certainty remain elusive

By Prof Phil Syrpis, Professor of EU Law (University of Bristol Law School)

In her letter to Donald Tusk the Prime Minister outlined the UK’s starting position in negotiations with the EU. The EU Council of Ministers responded by producing draft negotiating guidelines (to be confirmed by the European Council at the end of April). These guidelines create the framework within which negotiations on withdrawal, and those on the future relationship between the UK and the EU, will occur. Meanwhile, a White Paper on the Great Repeal Bill was presented to Parliament, promising on the one hand to repeal the European Communities Act (ECA) and end the supremacy of EU law in the UK, and on the other to convert the acquis communautaire into UK law, so that ‘EU-derived rights’ (as we will need to get used to calling them) will, as far as possible, be unaffected.

The opening exchanges between the UK and EU have generated a lot of comment. Much of it has focused on the unlikely subject of Gibraltar (Michael Howard’s crass evocation of the Falklands conflict will have done nothing to lower simmering tensions). In relation to the White Paper, most attention has been devoted to the role of Parliament and the devolved assemblies. Rather less attention has been paid to many of the EU law aspects. In this short note, I focus on those. I first consider what new light has been shed on the way in which the Article 50 negotiations will proceed, drawing attention to the host of issues which remain unanswered. I then consider the EU law questions raised by the repeal of the ECA, and the conversion of the acquis into UK law. Michael Ford has already commented on this blog on the applicability of judgments of the European Court of Justice in the post-Brexit era; so there is no more on that subject here.

My overarching concern is that the Government, in particular in the White Paper, has failed to provide a clear sense of the size of the task which lies ahead. It is impossible to know whether this is because the Government itself does not appreciate the magnitude of the challenge, or because it is trying to conceal the difficulties. The Government has, for months, struggled to articulate just what Brexit might mean, and has made a series of disparate promises which a range of different constituencies have, if so minded, been able to rely on, or cling to. It will now start making hard choices. It has not prepared the ground well. Continue reading

The Great Repeal Bill, Workers’ Rights, Henry VIII and the ECJ

By Prof Michael Ford QC, Professor of Law (University of Bristol Law School).

The key words in the recent White Paper, Legislating for the United Kingdom’s Withdrawal from the European Union, are ‘certainty’ and ‘clarity’ in the interests of a ‘smooth and orderly Brexit’, repeated in the forewords and the text.  To that end, the envisaged Great Repeal Bill (GRB) will initially convert the existing acquis of EU law into domestic law, including directly effective EU laws, such as Article 157 of the TFEU on equal pay. Also in order ‘to maximise certainty’ the meaning of EU-derived law will be determined ‘by reference to’ – note the vague words – the case law of the Court of Justice (ECJ) existing on the date of Brexit. This means, the White Paper happily explains in a user-friendly example in a shaded box, that workers’ rights will ‘continue to be available’ after Brexit, giving ‘certainty to service providers and users, as well as employees and employers’. In this way the GRB will apparently deliver on the Prime Minister’s promise in October last year that workers’ rights ‘will continue to be guaranteed in law’ post-Brexit.

Despite being thin on the detail of the GRB, so far all appears so good. But scratch the surface and things are not so simple underneath. Continue reading

Panorama: Behind Bars: Prison Undercover

By Dr Michael Naughton, Reader in Sociology and Law (University of Bristol Law School).

The BBC Panorama programme, Behind Bars: Prison Undercover, aired on Monday 13 February 2017. Culled from footage from an undercover reporter in HMP Northumberland, it claimed to “reveal the reality of life behind bars in Britain’s crisis-hit prison system.”

Leaving aside the obvious methodological issues with such a claim, i.e. that such a generalisation cannot be made from a few insights in a single, adult, male, category C, private prison, what we got, instead, was an entirely biased, one-sided view. On this occasion, it was the fears of clearly overworked and overwhelmed prison staff that was the central focus of concern. The narrative depicted was simplistic: prisoners are both out of control and in control of the day to day running of prisons, supported by images of drug taking, drunken and abusive prisoners. A strong case was being made for more prison officers, which is totally justified in the context of overcrowded prisons and savage cuts to prison staff.

A major problem was that this was at the expense of a more balanced programme that took account, also, of the prisoner side of the story – the desolation, monotony and periods of sheer terror of everyday life behind prison bars. This is well documented in the research and it might, also, go some way, at least, to contextualising and/or explaining the images of the relatively small handful of misbehaving prisoners that were selected to persuade viewers to accept the underpinning narrative without question. Continue reading

Righting the Injustices of the Past: The Case of Alice Wheeldon

By Prof Lois Bibbings, Professor of Law, Gender and History (University of Bristol Law School).

Right – left: Alice Wheeldon, Winnie Mason, Hettie Wheeldon and a guard, taken when on remand in 1917. © Alice Wheeldon Campaign.

History matters in the context of criminal justice; it matters that our criminal justice system lives up to standards of justice and upholds due process in respect of the past. The strength of support for this view is, for example, shown in the successful campaign to pardon men executed by British Forces during the First World War (the Shot at Dawn campaign).

Miscarriages of justice cases, such as those of the Birmingham Six and Judith Ward, also illustrate the importance of righting the wrongs of the past when it comes to crime. One hundred years ago today another such injustice occurred and efforts are now being made to right this wrong.

At the Old Bailey on March 10th 1917 Alice Wheeldon, her daughter, Winnie Mason, and her son-in-law, Alf Mason, were convicted of conspiracy to murder the Liberal Prime Minister David Lloyd George along with the leader of the Labour Party Arthur Henderson and other persons unspecified. Alice was sentenced to 10 years of penal servitude, with Alf receiving 7 years and Winnie 5. Their efforts to appeal were rejected and so they were sent to prison. Alice went on hunger strike, was released early due to ill-health but died of influenza in 1919. Alf and Winnie were released unexpectedly at the end of the war. Continue reading

Reflections on the ‘Three Knights Opinion’ and Article 50 TEU

By Miss Rosie Slowe LLM, Research Collaborator (University of Bristol Law School).

On 17 February 2017, Bindmans LLP published an Opinion that it had solicited from several leading authorities on EU law concerning Article 50 TEU. The so-dubbed ‘Three Knights Opinion’ put forward compelling legal arguments in support of why an Act of Parliament at the end of the Article 50 negotiation process is necessary in order to ensure that Brexit occurs in accordance with domestic and, by extension, EU law. These contentions, and Professor Elliot’s rebuttal, warrant careful consideration, not least because of the constitutional significance they pose.

The Opinion was asked to address three questions: whether it was a ‘constitutional requirement’, within the meaning of Article 50(1), that Parliament authorise the final terms of any deal reached with the EU; whether the UK is able to validly notify its intention to withdraw from the EU, pursuant to Article 50(2), subject to such a requirement; and the legal consequences if that requirement is not satisfied. It is submitted, for reasons that will become apparent, that the latter question of consequence is effectively answered by examining the possibility of conditionality being attached to notice under Article 50, and this post accordingly considers the two issues together. Continue reading

Argentina’s Restrictive Turn on Migration: Trump’s First Imitator in the Americas?

By Dr Diego Acosta Arcarazo, Senior Lecturer in Law (University of Bristol Law School)  and Ms Leiza Brumat, postdoctoral researcher (CONICET).*

Argentina’s history and national identity are inextricably linked to immigration. Indeed, between 1880 and 1930 the country was the world’s second largest recipient of migrants, behind only the US. The immigration policies of both nations were often aligned during the period. In 1902, for example, Argentina adopted a law facilitating the expulsion of foreigners amid concerns about labour movements and anarchists; in 1903 the US banned the naturalization of anarchists. After the US approved its 1917 Immigration Act, which excluded from entry numerous groups including epileptics, alcoholics, criminals, beggars, and those with a physical disability, Argentina quickly reacted with similar laws in 1919 and 1923, fearful that those denied permission to disembark in US ports would continue their journeys to Buenos Aires.

Of course the days when those refused entry into the US would instead try their luck in Argentina are long gone. Whilst Argentina continues to be the largest recipient of migrants in South America, in the global context it’s no longer a significant destination country. Fewer than 5% of its population are foreign born according to official statistics – almost 90% of them from South America.

Yet one can see similarities between the executive order signed by Donald Trump on 27 January prohibiting entry into the US for certain nationalities, with the alleged objective of protecting the US from terrorism, and the executive decree adopted on the same day in Argentina curbing immigration in the name of the fight against criminality. Discursively, the presentation of other South American nationals as criminals recalls Trump’s infamous haranguing of Mexicans. Is this pure coincidence or rather another example of the influence on Latin America of the US’s ideological stance on migrants and refugees? To answer that question, we need to look at the context for current events. Continue reading