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UK By-laws May Conflict With European Child Labour Legislation

UK local by-laws relating to children working outside of school hours may contravene European legislation on child labour, it has emerged. According to a report from the European Committee on Social Rights or ECSR, some children in the UK are being allowed to work “excessive” numbers of hours.

UK-wide legislation is in line with EU law on the subject. It allows children to work during term time for a maximum of twelve hours in one week. They may work no more than two hours on a school day or a Sunday, and they cannot start any earlier than 7am nor finish later than 7pm.

However, local by-laws can mean that the rules are effectively different in certain parts of the country, and in some areas the rules are somewhat looser. In a number of areas, children from the age of 13 can work as long as the labour they are engaged in is only “light.” Carrying out a paper round before school – which can commonly begin as early as 6am – is one of the most prominent types of job which falls into this “light work” category and is often given to children.

However, while the ECSR’s report does not dispute that this qualifies as light work, it also finds that it “ceases to be [light] if it is performed for an excessive duration.” Under some local laws, children are being allowed to carry out such work for hours which are indeed, under European law, excessive.

The rules on child labour form part of the European Social Charter – a legally binding document to which all subscribed nations are required to adhere. The ECSR – which is not part of the European Union but rather the Council of Europe – is tasked with monitoring how the charter is applied by each individual country. In the case of children working in some parts of the UK, the ECSR finds, the charter is not being applied correctly at all.

The report says, for instance, that “allowing children aged 15 years, still subject to compulsory education, to deliver newspapers from 6am for up to two hours per day, five days per week before school is not in conformity with the charter.”

It is not just work before school that the ECSR was concerned about, but also work carried out in school holidays. Outside of term time, UK law allows children aged 13-14 years to work up to five hours a day Monday-Saturday and two hours on Sunday up to a maximum of 25 hours per week· 15-16-year-olds may work up to eight hours Monday-Friday and two hours on Sunday, up to a maximum of 35 hours per week.

The ECSR was concerned this, too, could be considered excessive, and said that excessive working hours for children can put “their health, moral welfare or education” at risk. In their report, they suggested that UK children be given one fortnight-long break from all work during school holidays per calendar year.

Police Will be Lenient With new Car Smoking Laws

Car Smoking ChildrenStarting on the 1st of October, long-discussed laws banning people from smoking in cars that contain children will come into force. However, some police have said that they intend to take a lenient and “non-confrontational” stance when it comes to the enforcement of this new law.

It will be illegal for anybody, driver or passenger, to smoke in a car that also contains somebody under the age of 18. If the smoker is a passenger, both this passenger and the driver will be held responsible.

The law was first suggested after extensive research into the serious harm that passive smoking can do to children, especially in enclosed spaces such as vehicles. Police will have the power to stop vehicles and issue warnings or on-the-spot fines if they see somebody breaking these laws. The standard fine will be £50, though paying within two weeks of issue will get this discounted to £30. A conviction in a magistrates court for breaking this law, on the other hand, could see a fine of up to £200 issued.

However, a number of prominent individuals within the nation’s police force have expressed an intention not to be too strict with the enforcement of these new laws. Many have said that they will favour warnings over fines, as they believe this equates to “education not prosecution.”

“As the existing smoke-free law extends to vehicles,” said a spokesperson, “police forces will be following guidance from the Chartered Institute of Environmental Health by taking an educational, advisory and non-confrontational approach when enforcing the new legislation.”

The new ban on smoking in vehicles containing children has been welcomed by many because of the very real danger that passive smoking can pose to the help of young people. Others, however, have criticised the new laws over the course of the long discussions involved in bringing it from proposal to enforceable legislation. In many cases, criticism centred not on the intentions of the law but on the idea that it would simply prove impractical to enforce it effectively.

While the police insist that their approach is in line with relevant guidance, others have criticised their stated intention to exercise lenience. Shadow policing minister Jack Dromey suggested that it was less a result of following guidelines and more a result of having to keep costs down in the face of cuts to their budgets.

“The ban on smoking with kids in cars is designed to protect their health and save lives. It is absolutely wrong that Theresa May’s police cuts will put vulnerable children at risk,” Dromey said.

Real Lawyers vs. Online Paper Form Sites – Which is More Efficient?

When the Internet was first coming into its own, Hollywood envisioned our life with computers and data reading as one with lots of tool-style interaction. It was thought computers would end up producing the most amazing food generators, TVs everywhere, microwaves with programmable environments, consumerism at the fingertip and maximum convenience via technology. Instead, the Internet grew into something far more subtle and fundamental in our lives; it became a necessary tool for us to find information regularly and function. The space-age microwaves and toasters didn’t manifest, at least not yet, but the Internet is fast becoming our “everything,” at least in terms of digital reach and information exchange.

The legal field has been no exception to the progress of the digital world. What used to be entirely the domain of working attorneys and law offices with research and face-to-face client meetings has now become a competition between boilerplate digital products people can download and the traditional interaction. Yet, in reality, it’s now “normal” of legal services. For basic legal services, the Internet has quickly become the go-to source for most consumers and small businesses, especially those looking to save money versus paying conventional legal fees. The services involved, of course, are not very complex. They are typically predictable legal tools such as basic wills for estate planning, limited liability corporation establishment, or basic contract and agreement templates. Deeper research and, of course, litigation representation are still safely in the domain of human attorney hands for now.

The above said, a good amount of basic legal fee generation comes from simple form preparation for clients. The litigation world of big cases and big settlements is a bit like winning the lottery. It happens, but definitely not to everyone. Most attorneys spend much of their time just producing documents. And this is where the online world can become a big threat competitively. If a product can be defined by writing, it can also be defined in a template. So far attorneys have been generally protected by the ability to “customize” a legal document or representation, but this is a simply a matter of taking enough input from a client and matching it to appropriate legal output in the form of writing, a call with other parties, or research advice. The digital world has already figured out how to do two of these three functions automatically. The Siri mode on an Apple iPhone is a simple example of verbal input and research-based correct output that is now automated.

The differentiating factor, according to Bloomberg, of a live attorney is experience, an aspect that digital coding and templates can’t duplicate or emulate. And that real experience comes out as skill, being able to think on ones toes about how to apply the law to a situation that keeps changing. That is the true value of a human attorney over the Internet. The digital world will continue to provide packaged services and products, some tailored as much as possible based on predictions of the most likely legal needs. But only a true attorney can adjust on a dime and catch the nuances that often make big differences in the success of a case. So when clients are choosing between downloading the next PDF document from LegalShoot.com or direct advice from the Law Office of Nelson MacNeil Rayfield, Esq., the emphasis of adaptable skill and how it is marketed can tell consumers which one is better for their needs.

Surveillance Legal Challenge Succeeds

A legal challenge mounted by two MPs against state surveillance powers has been upheld by the High Court. The laws in question, the MPs claimed, gave security services and police the right to “spy on citizens” and lacked the safeguards that should such powers should be subject to.

Tom Watson, a candidate for the role of deputy leader of the labour party and David Davis, a former Conservative minister, said that these powers violated the human rights of UK residents. Two judges at the High Court ruled that this was indeed the case, deciding that the legislation allowing such surveillance breached both the European Union Charter of Fundamental Rights and the Human Rights Act.

The legislation in question was contained in the Data Retention and Investigatory Powers Act, which was passed last year. This allowed the UK’s security agencies and certain other public bodies to gather and retain information about who suspects are contacting by phone and email. While the content of these communications is not retained, a detailed record is kept of who people are contacting and when. The act was rushed through parliament as a piece of emergency legislation, passing in a matter of days. According to Watson and Davis, this meant there was no time for the act to be properly scrutinised before it was passed.

According to campaign group Liberty, which supported the two MPs in their legal challenge, the act “”It was privately agreed following discussions between the then three main party leaders. It became law within just three days – denying time for proper parliamentary scrutiny, amendment or even debate.”

The court’s ruling that this act is “inconsistent with EU law” has effectively rescinded certain parts of the legislation – though this will not take effect until March next year. The court’s decision comes at a significant time, as there is much discussion surrounding issues of state surveillance. Much of this stems from Theresa May’s controversial proposals, widely nicknamed the “Snoopers’ Charter”, which would allow even more comprehensive gathering of information on how people are communicating and using the internet.

A court challenge to primary legislation by MPs is very unusual, and some have called it entirely unprecedented.

The government has expressed dissatisfaction with the High Court’s ruling and has stated that it intends to appeal against the decision. John Hayes, the Security Minister, said: “The effect of this judgment would be that, in certain cases, communications data that could potentially save lives would only be available to the police and other law enforcement if a communications company had decided to retain it for commercial reasons.”

Founder of Silk Road Receives Life Sentence

Silk RoadA sentence of life imprisonment has been handed down in the US to Ross Ulbricht, founder of black market selling platform Silk Road. The sentence came as a surprise to some degree, since it was even more severe than the one requested by the prosecution.

The Silk Road, which first launched in 2011, existed on what is called “the dark web” – a section of the internet only accessible through anonymous proxied internet connections. While there are also legitimate sites in the dark web, it is also where you will find the bulk of the internet’s illegal activity. Such activities can only practically take place in this anonymous environment, as on the mainstream internet such websites would quickly be shut down and their creators identified by law enforcement.

It was into this category of anonymous, illegal websites that The Silk Road fell. It served as a billion-dollar platform for buying a range of black market goods, predominantly illegal drugs. Ulbricht founded the site and operated it under the pseudonym “the Dread Pirate Roberts” in reference to a character from 1987 comedy film The Princess Bride. As well as illegal drugs, the site also sold fraudulent identity documents and other such items. There is a charge still waiting to be heard in Maryland relating to murder-for-hire services.

Identifying the origins and owners of websites on the dark web is difficult, but as one of the most prominent illegal trading platforms Silk Road received a comparatively large amount of attention from law enforcement bodies internationally. In 2013 US Federal Bureau of Investigation (FBI) was able to shut down the website and arrest Ulbricht, who had been successfully identified as the man behind the site.

Judge Katherine Forrest, in handing down the sentence, decided to go beyond even the requests of the prosecution and apply the full force of the law. As well as his sentence of life imprisonment, Ulbricht has been ordered to pay huge restitution payments. This restitution, estimated to be equivalent to the total value of drug and fake ID sales made through Silk Road, amounts to more than US$183 million (roughly £120 million). Sales of assets seized by authorities, predominantly virtual currency bitcoin through which Silk Road received payments, will be used to help meet these payments.

In sentencing Ulbricht, Forrest said: “Silk Road’s birth and presence asserted that its…creator was better than the laws of this country. This is deeply troubling, terribly misguided, and very dangerous.”

Ulbricht admitted the charges against him over the course of the trial, but had hoped for a lenient sentence. “I’ve changed. I’m not the man I was when I created Silk Road,” Ulbricht claimed. “I’m a little wiser, a little more mature, and much more humble”

Deportation, Human Rights & Terrorists

When deportation and asylum claims are brought to court, one question often raised is what happens to the asylum seeker upon return if deported?

In many cases, the asylum seeker would face mistreatment, or a risk of serious harm if returned to their country of origin. Such potential harm is for them to prove in court. If there is a significant risk of harm upon return- then a deportation cannot go ahead. It would be illegal, under domestic and EU law, to deport someone to face significant ill treatment. It would further be a breach of their human rights- under both the UK Human Rights Act (1998), and the European Convention on Human Rights. Such a deportation would also be contrary to the spirit and letter of the 1951 UN Convention on Refugees.

Prior to any deportation, it is necessary to establish what dangers, if any, the returned asylum seeker would face. What treatment they can expect to receive upon return to their country of origin is an important part of the asylum and immigration legal processes. Aside from detailed investigations, in some cases assurances are often sought from the asylum seeker’s home country as to their personal safety upon return. The recent landmark Supreme Court case of EM (Eritrea) only served to reaffirm that policy- although did not totally clarify what that meant exactly.

Such human rights issues, and assessing the risk of return, give ample scope for extradition proceedings to be long, drawn our matters. Appeal after appeal, even judicial reviews, are not uncommon in immigration law. However, the Home Office has to act in accordance with law, and with respect to the deportee’s rights, as regards such deportations. The case of Abu Qatada, an extremist cleric deported to Jordan in 2013 after an eight year legal battle fought on such human rights grounds, serves to illustrate this. Recently, such principles were again demonstrated in a New York courtroom.

It was such an issue of human rights, and risks if deported to the US, that kept radical firebrand cleric Abu Hamza tied up in litigation for many years in the UK. Wanted in the US for terrorist offences (amongst which concerned setting up a terrorist training camp in Oregon), there were concerns about the conditions he would face if extradited to the US to face trial. Eventually, the legal battles ended- and he was deported to New York.

As part of the legal and extradition agreement, US authorities made assurances to the British government as to Abu Hamza’s prison terms and conditions, prior to his 2012 extradition. After being convicted of an array of terrorist offences in 2014, February 2015 saw the terrorist leader jailed for life in the shadows of the World Trade Centre.

Sentencing the cleric, Judge Katharine Forrest stated that she was handing down a life sentence because she could think of no time when it would ever be safe to release him. Such a sentence was contrary to promises made to the UK- as was his imprisonment in the notorious Colorado supermax prison facility. However, Judge Forrest left the details (such as the place of imprisonment) to federal prison officials. Federal prosecutors had previously stated that there had been no promises made not to send Abu Hamza to a supermax prison, or as regards handing down a life sentence.

Despite that (apparent) breach of the extradition agreement, the news was greeted with a sense of relief from both sides of the Atlantic, politicians, police and victims alike. Although the terms of the deportation may have been breached, the British government did not seem overly indignant- as it has on previous occasions. Home Secretary Teresa May stated in response to the verdict that she was “pleased that Abu Hamza has finally faced justice… His sentence reflects the severity of his crimes and I am pleased he will spend the rest of his life behind bars where he belongs.”

Inevitably, his lawyers will appeal. With Judge Forest’s verdict, however, there is a sense that justice, although greatly overdue, has finally been done.


Data Privacy vs National Security: The Ongoing Debate

Some matters in law and politics never seem to quite go away. In this instance, storing and government access to on-line information and private information once again is on the Parliamentary agenda.

Home Secretary Theresa May has long championed companies storing such private data, and government agencies being able to get private data from such companies. She has tried several times, in various forms, to pass the necessary legislation- and has been defeated each time

2012 saw the Draft Communications Data Bill.  Under its provisions, communications companies would have had to store more varied types of personal data for 12 months- such as, for the first time, social media messages, web mail, voice calls via Internet, and gaming. However, a warrant would still have been needed for law enforcement to be able to get such messages from companies. Called the ‘Snooper’s Charter’ by its critics, its passage through Parliament was blocked- by Coalition partners the Liberal Democrats.

The next attempt for greater on-line surveillance was the Data Retention and Investigatory Powers Act (2014). The Act was introduced after a rapid progress through Parliament in response to changes in the relevant EU directives and legislation. It was intended to be emergency legislation to keep the legal requirements for Internet and communications companies to maintain records of calls, texts and internet use (but not the content). Although a replacement to the relevant 2009 Regulations, the Act was wider in its powers- and crucially had safeguards in the legislation to prevent government misuse of those powers.

In 2015, following the shootings in France, and anti terror related arrests and activity in Belgium and Germany, Mrs. May is once again trying to get support for increased surveillance powers for the security services, citing national security. The proposed Counter-Terrorism and Security Bill would add to existing powers that police and security agencies already have under prior legislation. One crucial such addition is that companies would store information on IP addresses, so that law enforcement could link IP addresses to computers and mobile devices, which would help to track down suspects.

In a rare show of Parliamentary consensus, both sides of both Chambers agree that more needs to be done in this regard. It is only the method that there is discord on. The proposals in the draft Bill are currently welcomed by many. Labour has expressed support for the Bill- as long as there is appropriate oversight. The Liberal Democrats have also welcomed the Bill- but cautiously. It is their stated concern that such legislation might end up similar to the former Snooper’s Charter which they greatly opposed.

The Liberal Democrats also expressed their concern that the Coalition was ‘dragging its feet’ in regards to on-line national security issues. Such a concern was echoed in the House of Lords by former MI5 Director General Dame Eliza Manningham-Buller; “[the government’s] slow and considered [approach to this matter is merely] heightening the risk”.

Chairman of the Home Affairs Select Committee, Keith Vaz stated that internet service providers should do more; “we can’t expect the government to sit there and be monitoring this all the time… The best people to do this are the providers themselves.” Support from such companies has been not as enthusiastic, though. Whilst approving the idea in theory, some in the industry point to the practicalities and expense to companies of actually storing such data.

In this matter, civil liberties campaigners and the police are surprisingly also in agreement. According to campaign group Liberty, the current proposals are indeed a step forward- so long as the enhanced surveillance and greater powers are targeted against specific groups or individuals, with the requisite warrants and oversight. Liberty and other such campaign groups have long opposed blanket government surveillance- which the draft Bill does not seem to entail. In agreement and support is Metropolitan Police Commissioner Sir Bernard Hogan-Howe. However, whilst tacitly supporting the Bill, he added that “my job is to help keep people safe. To get that balance between security and privacy is Parliament’s job.”

From the internet companies to the police, from the House of Lords to the House of Commons, in the matter of increased on line surveillance and data storage powers, there is a remarkable degree of consensus from all parties. No one doubts the need for increased powers for law enforcement and the security services (and not just as regards anti terrorism; cyber bullying, organised crime and similar are also considered under the legislation) as regards the Internet. No one disagrees the need to monitor and to police the Internet more effectively, and to utilise cyberspace as another method of affecting law and order.

The massive disagreement, however, is in the method, and the details, and in how the Bill would be put into practice. The Lib Dems strongly oppose on principle anything resembling a Snooper’s Charter (and have several Conservative and Labour backbenchers in support). The companies themselves want a method of storing the data that is efficient and cost effective, and one that will actually be of help to law enforcement. 

Amidst such consensus (a rare thing in such proceedings), it is the details and the method that need to be agreed upon. That might actually prove to be more of an issue than the actual debate on increased on-line surveillance- and thus once again sink Mrs. May’s attempts in this regard. 

The Bill is still being considered before Parliament. It is likely, though, that the Counter-Terrorism and Security Bill will indeed eventually receive Royal Assent. The question, however, is in what exact form. In what form will the necessary policing of the Internet take? What exact powers will the police have? What (and indeed how) data will the internet companies be required to store? The most crucial question of all, though, remains exactly what oversight and regulation will there be? 



Overall Crime Down but Reported Rapes on the Rise

According to official figures from the Office for National Statistics, Crime in England and Wales is falling. This conclusion was also backed up by separate research from the Crime Survey for England and Wales, which identified a 16% drop on overall crime. Despite this, however, the number of reported rapes is at its highest ever level.

This is not necessarily entirely down to an increase in the number of offences taking place. For a number of reasons, rape has historically been a significantly underreported crime. Now, victims are becoming more and more willing to come forward and make reports, so that more instances of this type of crime are actually recorded by police. Police writing off reports of rape and generally failing to record them properly is an issue that has raised concerns recently. Following the controversy that has surrounded the issue, according to the ONS’ head of crime statistics John Flatley, “it’s certainly the case the police are taking action to improve their recording and handling of rape investigations.”

However, there are concerns that this may be only one factor driving the increase in the number of incidents recorded, with figures also being driven upwards by an actual increase in the number of offences taken place. The official data does not offer any indication of whether this is likely to be the case, but some statisticians have stated that a 48% increase in knife-point rapes, for instance, is likely to be down to a genuine rise rather than simply better recording processes.

The increased number of reported rapes is made up of two kinds of allegation. Recent years have seen a significant rise in the number of victims gathering the necessary courage to report historical offences when they did not feel able to come forward at the time. However, nearly three quarters (73%) of the latest increase are down to current offences – a departure from the trend seen in recent years.

Overall crime, according to the Crime Survey for England and Wales, is down to a total of 7.1 million offences over the course of a year. This is the lowest level seen since 1981 when the survey started. Meanwhile, the ONS’ data showed that the number of rapes recorded by police in the year leading up to June was 22,116. This is an increase of 29%. The number of rapes in which the victim was threatened with a knife increased by nearly half, rising to 294 from 199.

Lawyers Doubt Usefulness of Government Mediation Scheme

MediationLawyers have expressed doubts about the usefulness of the new scheme which provides separating couples with a free session of mediation funded by the government. Lawyers have stated that they doubt the scheme will increase the number of couples who manage to resolve their disputes without taking them to court.

Jo Edwards, Chair of Resolution, a family lawyers’ group, was one of the voices expressing doubts. While she welcomed the move, she felt that it would have little impact. In particular, she pointed to the fact the scheme is only available in cases where one party is eligible for legal aid.

The new scheme was announced this week by Simon Hughes, family justice minister. It is intended to bolster the government’s efforts to promote the concept of mediation. The government believes that mediation can avoid courtroom battles, and provide an alternative that is both faster and cheaper.

However, the government has had little success in its efforts to encourage mediation so far. These efforts began in April 2013 directly following the controversial cuts to legal aid. Despite the fact that these cuts removed legal aid from the majority of cases in the family justice system, the number of couples turning to mediation actually fell significantly after the cuts took effect. In the first six months, the number of couples who attended mediation dropped by more than half (51%), despite active efforts on the part of the government to encourage the process. The Ministry of Justice has a £24 million fund set aside for mediation, but due to low usage rates only £9.4 million of this was actually needed.

Some have suggested that the reason that fewer couples are using mediation despite the lack of legal aid for courtroom battles is down to the reduced involvement of lawyers in the process. Previously, lawyers would have informed clients about the availability of mediation. Without legal aid, many couples are never consulting lawyers and simply heading to court as litigants in person. Critics have also pointed out that, despite the introduction of several schemes to make mediation accessible, the government has done relatively little to promote or publicise the process.

Despite the doubts expressed by lawyers, the Ministry of Justice remains positive about the scheme’s potential to help couples resolve their issues outside the courtroom. The ministry claims that almost two thirds of couples with child-related disputes reached an agreement after attending just one mediation session. The ministry also claimed that, overall, 70% of couples who use mediation reached an agreement without the involvement of the courts.

According to family justice minister Simon Hughes, “We know mediation works and we want more people to make use of it.”

Tory MP Calls for Halt on Lawyers Helping With Tax Avoidance

Conservative MP Charlie Elphicke today put proposals before clients that could see lawyers prosecuted if they help clients with tax avoidance. The plan would prevent solicitors from providing clients with advice which serves no purpose except to act as a way of avoiding tax.

Elphicke, was formerly a tax lawyer himself and is now Conservative MP for Dover. He has tabled the proposals as amendments to the Finance Bill. Today is the final day that this bill will spend in the House of Commons as part of its public bill committee stage. Among the issues dealt with by the bill is the legal framework to facilitate a crackdown by HMRC on the use of limited liability partnerships to avoid tax through “disguised employment.”

The proposed amendments would make it an offence for a solicitor to propose arrangements to their client that “[meet] the definition of ‘tax abuse.'” The definition in question is given as “any arrangement that, having regard to all the circumstances, it would be reasonable to conclude is an arrangement that has no business, social or other purpose other than the obtaining of a tax advantage.” Those caught carrying out activities which are decided to fall within this definition could potentially face prosecution.

Another proposed clause was also floated which would provide an expansion to HMRC’s already-growing powers to combat tax avoidance. The amendment would allow the tax office to “require any person to disclose any privileged information” in certain situations.

Elphicke’s proposals have met with mixed reactions in the political and legal spheres. However, the opinion of most legal and political experts is that there is little chance that the proposals in question will ultimately be passed into law. Nonetheless, Elphicke is adamant that he wants to at least ignite debate about issues surrounding tax avoidance and its morality. In an interview with The Times, he said “We need to get to a point where, at a dinner party, if somebody tries to boast that they’ve secured millions of pounds in tax savings for a client, people don’t just smirk and think it’s funny.”

Another Tory MP, back-bencher John Redwood, has also been notable for his views on the issue of tax avoidance this year. Redwood called on politicians to build up “a concept of good and bad tax avoidance.” This, he suggested, could avert the possibility that competing measures and proposals from different parties keen to tackle the issue might turn into an “arms race.”