Tag: policy

The unbearable lightness of being in the public interest

Posted on by foluke.adebisi

by John Coggon, Professor of Law, University of Bristol Law School

The public interest has no single, fixed definition. Even as a technical term of art its sense varies both for being context dependent and for being a question that may be settled by different sorts of institutional actor. It may, for instance, demand consideration of national security, national economic interest, protection of health, maintenance of a justice system, protection of fundamental rights. And determinations may be made by courts, politicians, legislators, executive agencies, and so on. Each can and will bring different forms and ranges of consideration to the process of determining what the public interest demands, and whether those demands are compelling. (more…)

Why the proposed post-Brexit procurement reform may not achieve the transformation it intends

Posted on by foluke.adebisi

By Professor Albert Sanchez-Graells (University of Bristol Law School).

Until recently, public procurement law and practice have rarely been at the forefront of public and political debates. The UK government’s procurement reaction to the pandemic continues to generate scathing reports—such as the most recent one on PPE procurement by the House of Commons Public Accounts Committee—and the emerging lessons show the need to strengthen this area of public governance. Against this background, it is timely to reflect on the government’s recent proposals to reform public procurement law in the Green Paper ‘Transforming Public Procurement’. (more…)

‘Abusers always work from home’

Posted on by foluke.adebisi

by Marilyn Howard, Honorary Research Associate with the University of Bristol Law School

Image credits: Wunderman Thompson for the National Centre for Domestic Abuse

This week the House of Commons considers amendments from the House of Lords to  the Domestic Abuse Bill 2019-2021. One amendment which was debated in the Lords, but not accepted, would have  required the new Domestic Abuse Commissioner to publish a report which investigates the impact of the Universal Credit single household payment on domestic abuse survivors, and to propose alternatives. (more…)

The Cost of ‘Justice’: Sexual Offence Complainants and Access to Personal Data

Posted on by lee.mcconnell

By Dr Yvette Russell, Senior Lecturer in Law and Feminist Theory (University of Bristol Law School)

Photo Credit: Flickr

Monday last week saw the announcement of a new national policy requiring criminal complainants to sign consent forms authorising detectives to access data in their mobile phones. Conveyed in a joint briefing by Metropolitan police assistant commissioner Nick Ephgrave and director of public prosecutions (DPP) Max Hill QC, the new policy is designed to ‘ensure all relevant lines of enquiry are followed’ and that any material that undermines the case for the prosecution or assists the case for the accused is detected and disclosed to the defence.  While the forms are not to be used solely for sexual offence complainants the use of the forms in these cases was a major focus of Monday’s briefing.  While the CPS noted that not all sexual offence complainants will be asked to divulge digital data it is likely, given that most sex crimes occur between parties who are known to each other, that a high proportion of those complaining will be asked to sign a consent form and hand over their phones and the data therein.

Following the robust objections of many rape survivors’ advocacy groups to the new policy, the CPS and police late last week invited victims’ groups to discuss their concerns about the new consent form.  Over the weekend, the Association of Police and Crime Commissioners took the unusual step of publicly objecting to the introduction of the consent form, labelling it a risk to public confidence in the criminal justice system. (more…)