Three cheers for the independent review of Prevent

By Prof Steven Greer, Professor of Human Rights and Dr Lindsey Bell, Lecturer in Law (University of Bristol Law School).

Of the four ‘Ps’ which frame the UK’s counterterrorist strategy – Pursue, Prepare, Protect and Prevent – the latter is by far the most controversial. It aims to stop people from becoming terrorists, or from supporting those who already are, by countering terrorist ideology and challenging those who promote it (‘counter-radicalization’), steering vulnerable individuals away from it (‘de-radicalization’), and working with sectors and institutions where these risks are considered high. Over 50,000 people and over 2,500 institutions – including schools, universities, mosques, and faith groups – engage with Prevent in over 40 priority areas and over a million people have received relevant training. De-radicalization is coordinated by Channel, an official multi-agency initiative offering non-compulsory, tailor-made support plans based on counselling and encouragement of approved activities, to those willing to receive them. On 22 January 2019 the security minister, Ben Wallace, announced that Prevent would be independently reviewed in accordance with an amendment to the Counter-Terrorism and Security Bill currently wending its way through parliament. This should be welcomed by everyone with an interest in effective, human rights-compliant counterterrorist law and policy and particularly by those, like us, who have long contested the mythology of the anti-Prevent movement. (more…)

Parliamentary Sovereignty: Brexit and Schrödinger’s cat

By Marc Johnson, Lecturer in Law (Truman Boddon Law School)

Photo: Flickr

Brexit has been a source of emotionally-charged debate. One point which has received plenty of attention is the sovereignty of Parliament and its relationship with EU membership. It is often explained that the EU’s ability to make laws (which can apply in the UK) is some form of forfeiture of sovereignty. However, this statement has a number of shortcomings, not least that it ignores the election of Members of the European Parliament by the UK, providing (at least to some degree) a democratic mandate to the European Parliament. I will use Schrödinger’s cat to suggest that sovereignty can be present in multiple places and remain intact, allowing the normal operation of both the UK Parliament and European Parliament, without offending a nuanced view of sovereignty. In order to do this, one must cast aside the orthodox views of sovereignty and start with a pragmatic and philosophical approach to Parliamentary Sovereignty as it today. Brexit is akin to lifting the lid of Schrödinger’s box to observe the actual state of sovereignty at a specific point in time, but in doing so it reduces the observers to that of a quantitative measurer, and asks ‘is it dead or alive’ – when, in fact, reality is far more complex than this. (more…)

Nanny states and grown-up debates on alcohol policy

By Prof John Coggon, Professor of Law (University of Bristol Law School)

Photo: Flickr

Debates on alcohol policy are necessarily complex and controversial, and a complete consensus on how we should regulate this area will not be achieved. Like other lawful but regulated products, alcohol presents benefits and harms that may be understood from ranging perspectives. These include views based in cultural, economic, ethical, historical, legal, medical, population-based, religious, and social understandings. Of necessity, outlooks on alcohol policy and the role of regulation therefore vary both within and across such differing sources of critique. The values—positive and negative—of alcohol at individual, familial, community, commercial, and population levels thus call for careful, reasoned, and respectful public debates.

Even within the context of public health analysis, we cannot just look to scientific studies to inform and determine policy: we are required to consider forms of ‘evidence’ from different disciplines and sectors. This is well explained in a recent publication by the Health Foundation, with papers applied to child obesity but with lessons that are generalisable across health policy. However, for many working in public health, or members of wider communities who have interests in what makes good health policy, challenges emerge in relation to the conduct of public debates: often care, reason, and respect are replaced by simplistic slurs and assertions. And in this context, accusations of nanny statism are a key and persistent example. (more…)

The all-women jury in R. v. Sutton (1968): ‘of no more than minor interest’?

By Prof Gwen Seabourne, Professor of Legal History (University of Bristol Law School)

In a manslaughter case held in Swansea in 1968,[i] an unusual order was made. Thesiger J. decided that it should be heard by an all-female jury. He made the order under a discretion granted to him by the Sex Disqualification (Removal) Act 1919, the first, and apparently the only time that such an order was made in Wales or England.

The possibility of ordering a single sex jury has long since been removed, but R. v. Sutton was and is important as an event, and as a working-out of the implications of the early, limited, moves towards women’s participation in public life which came with the Representation of the People Act 1918 and Sex Disqualification (Removal) Act 1919. The fiftieth anniversary of the case (and the approaching centenary of the 1919 Act) seems an appropriate moment to sketch some of its claims on our attention. (more…)

Enforcement of awards under the New York Convention: choice of remedies and the significance of time limits

By Prof Jonathan Hill, Professor of Law (University of Bristol Law School).

© Michael Coghlan

It is a truism that, although the ultimate purpose of an arbitration is the rendering of an award which definitively determines the disputes that were referred by the parties to arbitration, in practice, the making of the final award may well not be the end of the road. This truism is graphically illustrated by the events following an arbitration conducted around ten years ago under the auspices of the Singapore International Arbitration Centre (SIAC); the dispute had arisen out of a failed joint venture between two groups of companies, a Malaysian media group (Astro), and various companies, including First Media (FM), which were part of an Indonesian conglomerate known as Lippo. During the arbitration, in which the Astro companies were the claimants, the tribunal made a number of awards; in 2010, the arbitration culminated in a final award of US$250 million in the claimants’ favour. Since then, the Astro companies have been trying to enforce the awards through the courts against FM (and others), most notably in Singapore and Hong Kong. Following decisions by the Singapore Court of Appeal (PT First Media TBK v Astro Nusantara International BV [2013] SGCA 57) and, more recently, by Hong Kong’s Court of Final Appeal (Astro Nusantara International BV v PT Ayunda Prima Mitra [2018] HKCFA 12), those attempts now appear to have failed.

In terms of the substance, the case seems, at first glance, to be a relatively simple one. The problems were, to a large extent, procedural and those problems were exacerbated by the fact that the courts of two jurisdictions were required to address the same – or very similar – questions. In total, there were five judicial decisions – two in Singapore – High Court (SGHC) and Court of Appeal (SGCA) – and three in Hong Kong – Court of First Instance (HKCFI), Court of Appeal (HKCA) and Court of Final Appeal (HKCFA). In both jurisdictions, Astro’s application to enforce the awards succeeded at first instance; it was only at the highest level in each jurisdiction that FM prevailed. This blog is divided into six substantive sections; after a brief consideration of the arbitration (I), the most significant features of each of the five court decisions are analysed (II-VI). Some of the lessons that can be learned from the whole saga are summarised in the Conclusion.  (more…)

Sex Work, Labour Unfreedom, and the Law

By Dr Katie Cruz, Lecturer in Law (University of Bristol Law School).*

On 2nd June, sex workers and activists gathered globally to mark the struggle for sex workers’ rights. International Sex Workers Day is just one day of the year dedicated to the struggle for sex workers. Activists gather on March 3rd to mark International Sex Worker Rights Day and on December 17th to mark International Day to End Violence against Sex Workers. These dates occur because of the historical and ongoing violence against, and exclusion of, sex workers. Sex workers are subject to interpersonal forms of violence, from police officers and clients, and the structural violence of criminal justice and immigration institutions. They are criminalized and affected by often-punitive anti-trafficking laws and policies, and they are subject to heightened immigration controls, including the criminalization of movement and working. The Tory government’s hostile environment has created additional layers of institutionalised insecurity for many migrant sex workers, including restrictions on access to housing, healthcare, education, and banking services.

In a recent article I wrote for Feminist Legal Studies, I argue for a Marxist feminist methodology capable or describing and opposing these intersecting exclusions and oppressions as they apply to migrant sex workers in the UK. However, this method can be used to understand the precarious living and working conditions of all (sex) workers. In this post, I make some remarks in relation to citizen sex workers in the UK and Jamaica, where I am currently conducting fieldwork with Prof Julia O’Connell Davidson and Dr Jacqueline Sanchez Taylor. (more…)

Human Rights in the Council of Europe and the European Union: Achievements, Trends and Challenges

By Prof Steven Greer, Professor of Human Rights (University of Bristol Law School), Prof Janneke Gerards, Chair in Fundamental rights law (Utrecht University), and Miss Rose Slowe, Barrister (Middle Temple) and Honorary Research Fellow (University of Bristol Law School).

In our experience the general public, some of our students, and even some of our colleagues, are confused about the differences between the 47-member Council of Europe, the parent body of the European Court of Human Rights, and the 28 (soon to be 27)-member European Union, in human rights and other fields. Confusion about the differences between the two organizations has also been compounded by increasing interaction between them, particularly over the past decade or so. The human rights-related literature is also dominated by separate studies, largely concerning their respective legal systems. As a result, more integrated accounts are increasingly required. This is the primary objective of our recently-published book – S. Greer, J. Gerards and R. Slowe, Human Rights in the Council of Europe and the European Union: Achievements, Trends and Challenges (Cambridge University Press, 2018). (more…)

Three stories about English land secrecy

By Prof Antonia Layard, Professor of Law (University of Bristol Law School).*

Information about land is valuable, politically, fiscally and – increasingly – as geospatial data products ripe for commercial development. Since William the Conqueror’s Domesday Book was completed in 1086, politicians, campaigners and citizens have wanted to know who owns what. Taxation continues to matter but so does freedom of information. Microeconomics, for example, teaches us that a “free market” relies on symmetry of information: if one party knows more than another, the level playing field is distorted. Money laundering and terrorist financing justify the EU’s pursuit of registers of beneficial ownership. Transparency campaigners argue that open and free data on land ownership is both a citizen’s right and that open registers improve efforts to crack down on tax avoidance. Although rights to privacy continue to resonate in English politics, particularly to beneficial ownership in trusts, the calls for transparency grow louder.

And yet, as these three stories about land secrecy show, we still struggle for information about land ownership and deals. While land registry data is publicly available it is held by estate, rather than being mapped cadastrally, giving a birdseye view of land ownership by presenting the boundaries of land ownership spatially. The paradoxical result, as MSP Andy Wightman has pointed out, is that it is easier to assemble cadastral information for previous generations, based on historical surveys (Domesday, the 1830-1840s Tithe Maps, The Return of Owners of Land from 1873-5 or the 1940s Farm Land Use mapping in England) than map land ownership today. Of course, transparency could be achieved at the stroke of a political pen to find out who owns England (story 1), to understand the extent and range of beneficial ownership of land (story 2) or to avoid the use of “redacting” in “viability assessments” to reduce the amount of newly built affordable housing (story 3). Yet – so far – there is a lack of political will to end ongoing secrecy about land ownership and land deals. (more…)

Scarce regulatory resources: tactical enforcement and hybrid data governance in the cloud

By Dr Asma Vranaki, Lecturer in Law (University of Bristol Law School).

© Ben O’Bryan

European data protection authorities (EU DPAs) play crucial roles in protecting personal data rights. However, many EU DPAs do not have adequate access to resources in order to be effective data privacy protectors. Although the data privacy law literature recognizes that many EU DPAs operate within such constraints, to date, there has been a dearth of empirical studies on how limited resources can impact on enforcement. A new article* makes a modest attempt to address this empirical gap by analysing selected empirical findings of a recent project which examined the investigations of multinational cloud providers by EU DPAs (Cloud Investigations).

This article draws on the fields of socio-legal studies and regulation to interpret these empirical findings and advances three arguments. First, due to their fiscal constraints, some EU DPAs often have to make tactical enforcement decisions about initiating Cloud Investigations as well as the foci and methods of Cloud Investigations. The decision-making process can be very complex for some EU DPAs as they have to not only consider but also at times balance a broad range of factors including external pressures, law and enforcement styles. Second, hybrid forms of data governance can often emerge during Cloud Investigations as EU DPAs delegate their regulatory tasks to private and governmental (other than EU DPAs) actors due to the limited resources. Finally, this article suggests that hybrid data governance needs to be carefully designed in order to ensure effective and robust data governance. Suggestions are made on how the ‘regulatory space’ can be designed in order to promote accountability, trust, robust data protection and effective multi-actor collaboration.

* This article is derived from the work which Dr Vranaki undertook for the ‘Accountability for Cloud’ research project which was funded by the European Commission Seventh Framework Programme. It can be freely downloaded from https://www.researchgate.net/publication/325451273_Scarce_regulatory_resources_tactical_enforcement_and_hybrid_data_governance_in_the_cloud.

Between Rock and a hard place: MWB Business Exchange Centres v Rock Advertising

By Ms Joanna McCunn, Lecturer in Law (University of Bristol Law School).

Since the 19th century, contract law in England has been strongly influenced by will theory: the idea that all contractual liability is founded on the intentions of the parties. Enthusiasm for this model dipped during the 20th century, as it became clear that many contracting parties were being strong-armed into contracts they only vaguely understood. However, will theory is now back with a vengeance, at least in the commercial sphere. Its implications can be seen clearly in the recent case of MWB Business Exchange Centres v Rock Advertising [2018] UKSC 24, judgment in which was helpfully handed down by the Supreme Court the day after the Bristol contract law exam.

In November 2011, Rock Advertising began to occupy offices which were managed by MWB Business Exchange Centres. Rock were unable to meet the licence fee, and within a few months had fallen into arrears of over £12,000. On 27 February 2012, Rock proposed to defer some of its payments to MWB. The result would be that MWB would recoup the arrears, but at a later date, losing interest on the money in the meantime. In a phone conversation, MWB’s representative initially accepted the proposal. However, after consulting with her manager, she later emailed Rock purporting to reject it. On 30 March, MWB locked Rock out of the office for non-payment of the arrears, and gave notice to terminate their licence. The question was whether Rock could enforce the 27 February agreement. (more…)