HC 449 - Pre-Legislative Scrutiny of the Draft Wales Bill PDF Download
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Author: Great Britain. Parliament. House of Commons. Welsh Affairs Committee
Publisher: The Stationery Office
ISBN: 0215091299
Category : Law
Languages : en
Pages : 4
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Book Description
Due to the compressed nature of pre-legislative scrutiny, the Committee was not able to cover all provisions in the draft Bill in detail. Evidence covered a number of areas, but the three main aspects of the draft Bill that were raised, and on which this Report focuses, are: the transition to a reserved powers model; the reservation of criminal and private law and the necessity tests; and the consenting arrangements. The majority of witnesses have suggested improvements to the draft Bill. Some of these, such as replacing the "necessity" test with a test that is clearer and has a lower threshold, and that in relation to Ministerial consent, that the UK Government transfers to the Welsh Ministers all Ministerial functions in areas of devolved legislative competence, the Committee have been able to agree upon. Some of the evidence received raised other important and relevant issues; in particular many witnesses proposed a form of distinct legal jurisdiction. This issue may not have been apparent to all potential witnesses at the outset of the inquiry, so the Committee cannot be confident they received all relevant evidence on this important subject. They now ask the Secretary of State to reflect on the recommendations. There is a growing body of Welsh law that differs from that which applies in England, but the implications of this requires careful scrutiny. The Committee shares the view of the Silk Commission, that the UK and Welsh governments will need to continue to review the issue of a separate or distinct Welsh jurisdiction
Author: Great Britain. Parliament. House of Commons. Welsh Affairs Committee
Publisher: The Stationery Office
ISBN: 0215091299
Category : Law
Languages : en
Pages : 4
Get Book Here
Book Description
Due to the compressed nature of pre-legislative scrutiny, the Committee was not able to cover all provisions in the draft Bill in detail. Evidence covered a number of areas, but the three main aspects of the draft Bill that were raised, and on which this Report focuses, are: the transition to a reserved powers model; the reservation of criminal and private law and the necessity tests; and the consenting arrangements. The majority of witnesses have suggested improvements to the draft Bill. Some of these, such as replacing the "necessity" test with a test that is clearer and has a lower threshold, and that in relation to Ministerial consent, that the UK Government transfers to the Welsh Ministers all Ministerial functions in areas of devolved legislative competence, the Committee have been able to agree upon. Some of the evidence received raised other important and relevant issues; in particular many witnesses proposed a form of distinct legal jurisdiction. This issue may not have been apparent to all potential witnesses at the outset of the inquiry, so the Committee cannot be confident they received all relevant evidence on this important subject. They now ask the Secretary of State to reflect on the recommendations. There is a growing body of Welsh law that differs from that which applies in England, but the implications of this requires careful scrutiny. The Committee shares the view of the Silk Commission, that the UK and Welsh governments will need to continue to review the issue of a separate or distinct Welsh jurisdiction
Author: Helen Fenwick
Publisher: Routledge
ISBN: 1135071330
Category : Law
Languages : en
Pages : 1060
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Book Description
This book interweaves an authoritative authorial commentary – significantly expanded from the last edition - with extracts from a diverse and contemporary collection of cases and materials from three leading academics in the field. It provides an all-encompassing student guide to constitutional, administrative and UK human rights law. This fourth edition provides comprehensive coverage of all recent developments, including the Fixed Term Parliaments Act 2011, restrictions on judicial review (Criminal Justice and Courts Act 2015), changes to judicial appointments (Crime and Courts Act 2013), the 2014 Scottish Independence Referendum, Scotland Act 2016 and draft Wales Bill 2016. Recent devolution cases in the Supreme Court, including Imperial Tobacco (2012) and Asbestos Diseases (2015) are fully analysed, as is the 2015 introduction of English Votes for English Laws. The remarkable Evans (2015) ‘Black Spider memos’ case is considered in a number of chapters. The common law rights resurgence seen in Osborn (2013), BBC (2014) and Kennedy (2014) is analysed in several places, along with other key developments in judicial review such as Keyu (2015) and Pham (2015). Ongoing parliamentary reform in both Lords and Commons, including major advances in controlling prerogative powers, are fully explained, as is the adaptation of the core Executive to Coalition Government (2010-2015). There is comprehensive coverage of key Strasbourg and HRA cases (Horncastle (2010), Nicklinson (2014), Moohan (2014), Carlile (2014)), and those in core areas of freedom of expression, police powers and public order (Animal Defenders (2013), Beghal (2015), Roberts (2015), Miranda (2016)) and the prisoners’ voting rights saga, up to Chester (2015).
Author: Alison L. Young
Publisher: Cambridge University Press
ISBN: 1108707386
Category : Law
Languages : en
Pages : 1099
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Book Description
Places constitutional law in its legal, historical and political context using contemporary examples.
Author: Independence CommissionA
Publisher: Y Lolfa
ISBN: 1800990049
Category : Political Science
Languages : en
Pages : 168
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Book Description
With its own Senedd and legislative powers, Wales is already on a journey towards independence. Debate has intensified recently, with the rise of YesCymru and dissatisfaction with Westminster's handling of the Covid-19 crisis. This report by the Independence Commission charts the next steps.
Author: Jeffrey Jowell
Publisher:
ISBN: 0198806361
Category : Law
Languages : en
Pages : 481
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Book Description
The Changing Constitution provides concise, scholarly and thought-provoking essays on the key issues surrounding the UK's constitutional development, and the current debates around reform.
Author: Great Britain: Department for Culture, Media and Sport
Publisher: The Stationery Office
ISBN: 9780101849722
Category : Business & Economics
Languages : en
Pages : 32
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Book Description
This year's accountability hearings focused on three areas of particular interest: the arrangements for revalidation of doctors, which are to commence on 3 December 2012, and associated matters such as patient involvement and examination of the language competence of doctors; the professional leadership activity undertaken by the GMC in the last year; and the regulation activity undertaken by the GMC, including the establishment of the Medical Practitioner Tribunal Service. The Council is performing effectively in its two roles of defining and applying standards for the medical profession and providing a focus of professional leadership. The outcome of the Law Commission's consultation on professional regulation in the health and care sector, which proposed a formal role for the Health Committee in the accountability structures, is still awaited. Specific concerns included that whilst there has been some progress on the amendment of domestic legislation which restricts the language testing of doctors this is no substitute for the revision of the European legislation which presently prohibits language testing of doctors on a national basis. There have also been continued upward trends in complaints against doctors received by the GMC, and the Committee expects to examine in 2013 the outcomes of further research the GMC has commissioned into these trends. The Committee feels that the present 15-month target for the GMC to complete 90% of its fitness to practise cases should be lowered to 12 months. The Committee also welcomes proposed legislation to enable the GMC's investigatory arm to appeal against decisions made by the MPTS where the outcome of a hearing is disputed
Author: Great Britain: Home Office
Publisher:
ISBN: 9781474125659
Category :
Languages : en
Pages : 299
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Book Description
Dated November 2015. Print and web pdfs available at https://www.gov.uk/government/publications Web ISBN=9781474125666
Author: Great Britain: Parliament: House of Commons: Home Affairs Committee
Publisher: The Stationery Office
ISBN: 0215026683
Category : Business & Economics
Languages : en
Pages : 124
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Book Description
This joint report by the Home Affairs Committee and the Work and Pensions Committee examines the Government's proposals to reform the law on corporate manslaughter, as set out in the draft Bill (Cm 6497, ISBN 010164972X) published in March 2005 for consultation. The report supports the introduction of the draft Bill to address the need for a statutory offence to shift the basis of liability for corporate manslaughter away from the requirement of identifying a 'directing mind' of a guilty company, since this 'identification principle' has made prosecutions of large companies almost impossible under the current common law. Issues discussed include: the application of the offence of corporate manslaughter in relation to corporations, government departments and police forces; issue of causation; the law of negligence, relevant duty of care and contractual relationships; management failure, the role of senior managers and gross breach; the removal of Crown immunity; territorial application of the offence; corporate sanctions; individual liability for directors; powers of investigation and prosecution, including the requirement to obtain the consent of the Director of Public Prosecutions before a private prosecution can be brought; and cost issues.
Author: David G. McGee
Publisher: Dunmore Publishing
ISBN: 9781877399060
Category : New Zealand
Languages : en
Pages : 770
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Book Description
Author: Great Britain. Parliament. House of Commons. Office of the Leader of the House of Commons
Publisher: The Stationery Office
ISBN: 9780101732024
Category : Law
Languages : en
Pages : 28
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Book Description
This Command Paper from the Office of the Leader of the House of Commons sets out a process for post-legislative scrutiny by the Government. The main proposal is that after 3 years any law that has been passed will undergo a review by the relevant Government Department and then Parliament to see how effective the law has been. The publication also includes an appendix with a detailed response to the Law Commission's report on Post-legislative scrutiny (Cm. 6945, ISBN 9780101694520).
