UK Liberty

Magna Carta

Posted in politicians on liberty, rule of law by ukliberty on April 22, 2015

If your children are being taught about Magna Carta this year, its 800th anniversary (of version 1), here is the latest available version as amended by subsequent laws:
http://www.legislation.gov.uk/aep/Edw1cc1929/25/9/contents
All the blank spaces are the bits that have been repealed – i.e. most of it – what remains is unenforceable.
It is of course entirely coincidental that this celebration of what *was* an important document comes as our beloved leaders slowly limit rights and put justice out of reach of ordinary people (e.g. by limiting legal aid and funding for judicial review).
The real attitude to the rule of law is exemplified by the Ministry of Justice in that it has been found by the courts to have acted unlawfully on multiple occasions.

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Home Affairs Committee – oral evidence on Home Office response to terrorism

Posted in detention without charge, law and order, politicians on liberty, rule of law by ukliberty on November 10, 2009

Some interesting evidence here, particularly from Sir Ken MacDonald QC, former Director of Public Prosecutions, and on the matter of intercept evidence in court.

What Sir Ken MacDonald says about the infringements we managed to avoid is worth hearing (1 hour 2 mins in) – pretty shocking what has been proposed by those at the top.

e-Borduhs

Posted in relates to ordinary people, rule of law, surveillance society by ukliberty on October 29, 2009

The Register:

Government legal officials are still investigating whether aspects of the £1.2bn e-Borders scheme are illegal, a year after concerns were raised by Eurostar.

Lawyers for the cross-channel train operator believe the system will require it to break European data privacy laws. They have been pressing the UK Border Agency to clarify the situation since November last year. At their most recent meeting in September, officials told Eurostar they were still mulling the problem.

“There’s been no progress at all,” said a spokesman for the firm. “They said they were still looking into it.”
The ultimate goal of e-Borders is to centrally log every single traveller in and out of the UK, which will mean obtaining personal details before they travel. The UK Border Agency wants carriers to collect the data abroad on its behalf. Eurostar believes this will mean driving an express train through French and Belgian data legislation, both of which implement the EU data laws.
“We believe, and the legal advice we have had is that it is not legal to export the sort of data required by e-Borders within the EU, and it is only legal to export that data outside of the EU,” the firm’s customer service director told the Home Affairs Select Committee back in June. Even then, Eurostar expressed frustration at the government’s lack of response to the possibility it will be “caught in a position that we are abiding by UK law but breaking EU law”.
“I would feel very uncomfortable if I had waited seven months to respond to a letter from the UK Borders Agency on an e-Borders matter,” Noaro said. …

Bad phorm

Posted in relates to ordinary people, rule of law, surveillance society by ukliberty on October 29, 2009

The Register:

The UK government today came a step closer to international embarrassment over its failure to act against BT and Phorm for their secret trials of mass internet snooping technology. The European Commission said it had moved to the second stage of infringement proceedings after the trials, revealed by The Register, exposed failings in the UK’s implementation of privacy laws.

BT and Phorm intercepted and profiled the web browsing of tens of thousands of broadband subscribers without their consent in trials in 2006 and 2007.

The furore generated by the scandal forced Phorm to withdraw from the UK market, but police and the Information Commissioner’s Office both declined to take any action against the firms.

The provisions of the Directive on Privacy and Electronic Communications that prohibit “unlawful interception and surveillance without the user’s consent” had not been properly brought into UK law, the Commission said. …

DNA database FAIL

Posted in DNA database, rule of law, stupid by ukliberty on October 29, 2009

The Register:

The estimated number of people whose DNA profile is stored by the government has broken the five million mark for the first time.

The untrammelled growth of the world’s largest repository of human DNA information on a per capita basis has continued, despite the government’s defeat at the European Court of Human Rights last December.

last week, an official report showed that despite the growth of the database, detections based on DNA evidence have fallen.