Draft Civil Contingencies Bill,Session 2002-03,Report,Together with Formal Minutes,Oral and Written Evidence

Draft Civil Contingencies Bill,Session 2002-03,Report,Together with Formal Minutes,Oral and Written Evidence
Author: Great Britain. Parliament Joint Committee on the Draft Civil Contingencies Bill
Publisher:
Total Pages: 508
Release: 2003
Genre:
ISBN: 9780104003183

The draft Civil Contingencies Bill (Cm. 5843, ISBN 0101584326), published by the Government in June 2003, contains a range of measures to modernise Britain's civil protection laws in order to strengthen the powers available to government to deal with serious emergencies. This is part of the Government's wider package of measures to improve the country's resilience to 'disruptive challenge' which is defined as an emergency presenting a serious threat to human welfare; the environment; political, administrative or economic stability; or UK security, such as war, armed conflict and terrorism. This report examines various aspects of the draft Bill including problems of ambiguity in definitions, human rights issues, constitutional matters, resource implications, audit and management issues. The Committee raises a number of concerns, particularly with regards to human rights and civil liberties issues, and calls for clarification of the currently broad definitions of 'emergency' and 'serious', in order to provide adequate safeguards against misuse of emergency powers.

The Government's Response to the Report of the Joint Committee on the Draft Civil Contingencies Bill

The Government's Response to the Report of the Joint Committee on the Draft Civil Contingencies Bill
Author: Great Britain. Cabinet Office
Publisher:
Total Pages: 30
Release: 2004-01-07
Genre: Emergency management
ISBN: 9780101607827

The Civil Contingencies Bill published on 7th January 2004 (HCB 14, 2003-04, ISBN 0215703405) contains a range of measures to modernise Britain's civil protection laws in order to strengthen the powers available to government to deal with serious emergencies. This document (Cm 6078) includes the Government's response to the June 2003 Joint Committee report (HLP 184, session 2002-03/HCP 1074, session 2002-03, ISBN 0104003189) on the June 2003 draft Bill. It also includes the Government's reply to the Defence Committee's report on the draft Bill (HCP 557, session 2002-03, ISBN 0215011740). Topics in this response include: definitions of "emergency", "threat", "stability in the Bill; the role of Category 1 and 2 Responders, e.g. local government, fire and civil defence authorities, and nuclear and chemical sites; human rights issues; and constitutional matters e.g. procedures for issuing regulations under the new Act.

Draft Civil Contingencies Bill

Draft Civil Contingencies Bill
Author: Defence Committee
Publisher:
Total Pages: 70
Release: 2003
Genre:
ISBN: 9780215011749

The Committee's report welcomes the publication of the draft Bill (Cm. 5843, ISBN 0101584326) in June 2003, but states that civil contingencies legislation should have been introduced in the current Parliament (as recommended by an earlier Committee report (HCP 518, session 2001-02; ISBN 021500468X). Findings include the need for: the Government to explain why it proposes to create statutory civil protection obligations for local authorities and emergency services but not for itself or regional bodies; clarification of the emergency powers provisions to clearly establish safeguards against misuse of these powers; and further discussion on the provision preventing any special legislative measures being struck down by a court due to incompatibility with the Human Rights Act. The Committee also notes that, although it would not wish the Bill to be delayed any further, insufficient time has been allowed for the public consultation on the draft Bill, and the pre-legislative scrutiny process, to be conducted by a specially appointed Joint Committee, is also having to work to a very tight deadline.

Parliament and the Legislative Process

Parliament and the Legislative Process
Author: Great Britain: Parliament: House of Lords: Select Committee on the Constitution
Publisher: The Stationery Office
Total Pages: 68
Release: 2004
Genre: Political Science
ISBN: 9780104005415

The Committees report examines parliamentary scrutiny of legislation, focusing on the process for dealing with primary legislation (i.e. the scrutiny of parliamentary bills). This examination is carried out in the light of the Rippon Commission report on the topic (Making the Law produced by the Hansard Society Commission on the Legislative Process) which was published in 1992. Topics discussed include the mechanisms for pre-legislative and post-legislative scrutiny, the growth of legislation, the dissemination of information and ways of gauging public opinion through consultation. Conclusions drawn by the Committee include concern over the growth in the number and complexity of bills being presented to Parliament without adequate expansion in the capacity to deliver effective scrutiny. The report contains a number of proposals designed to help engender a culture shift away from this unsustainable volume of legislation, towards a culture of justification which encourages government to adopt a more disciplined approach to the introduction of bills based on the objective of effectiveness rather than quantity.

The Civil Contingencies Act 2004

The Civil Contingencies Act 2004
Author: Clive Walker
Publisher: OUP Oxford
Total Pages: 432
Release: 2006
Genre: Law
ISBN:

Recent disturbing events, namely: the fuel strikes of 2000; the catastrophic terrorist attacks of 2001; the threat of further attack through chemical and biological weapons; the foot and mouth outbreak of 2001; and climate change with its associated risks of floods and drought; have rendered a more comprehensive approach to risk and resilience within the United Kingdom essential. This book provides a detailed exploration of the Civil Contingencies Act 2004 and its supporting documentation. It describes and analyses recent changes by providing a full commentary on all parts of the Act. Part I covers the planning aspects and Part II explores the more reactive and controversial regulations.

Exceptionalism and the Politics of Counter-Terrorism

Exceptionalism and the Politics of Counter-Terrorism
Author: Andrew W. Neal
Publisher: Routledge
Total Pages: 368
Release: 2009-10-16
Genre: History
ISBN: 1135268673

This book is an analysis and critique of the concepts of ‘exception’ and ‘exceptionalism’ in the context of the politics of liberty and security in the so-called ‘War on Terror’. Since the destruction of the World Trade Centre on September 11th 2001, a notable transformation has occurred in political discourse and practice. Politicians and commentators have frequently made the argument that the rules of the game have changed, that this is a new kind of war, and that exceptional times require exceptional measures. Under this discourse of exceptionalism, an array of measures have been put into practice, such as detention without trial, ‘extraordinary rendition’, derogations from human rights law, sanction or connivance in torture, the curtailment of civil liberties, and aggressive war against international law. Situating exceptionalism within the post-9/11 controversy about the relationship between liberty and security, this book argues that the problem of exceptionalism emerges from the limits and paradoxes of liberal democracy itself. It is a commentary and critique of both contemporary practices of exceptionalism and the critical debate that has formed in response. Through a detailed assessment of the key theoretical contributions to the debate, this book develops exceptionalism as a critical tool. It also engages with the problem of exceptionalism as a discursive claim, as a strategy, as a concept, as a theoretical problem and as a practice. This is the first book to capture the importance of the exceptionalism debate in a single volume, and will be of much interest to students of critical security studies, political philosophy, IR theory and sociology.

The Constitutional Value of Sunset Clauses

The Constitutional Value of Sunset Clauses
Author: Antonios Emmanouil Kouroutakis
Publisher: Routledge
Total Pages: 262
Release: 2016-10-04
Genre: Law
ISBN: 1315454319

In recent years, sunset clauses have mostly been associated with emergency legislation introduced in the wake of terrorist attacks. However, as this book demonstrates, they have a long history and a substantial constitutional impact on the separation of powers and the rule of law. In addition, the constitutional value of such clauses is examined from certain neglected normative aspects pertaining to concepts such as deliberative and consensus democracy, parliamentary sovereignty and constitutional dialogue. The work is an amalgam of three perspectives: the historical, the positive and the normative. All three are intertwined and each subsequent part builds upon the findings of the previous one. The historical perspective investigates the historical development of sunset clauses since the first Parliaments in England. The positive perspective examines the legal effect and the contemporary utility of sunset clauses. Finally, the normative perspective analyses their interaction with several models of separation of powers, and their influence on the dialogue between various institutions as it values their impact on the rule of law, formal and substantive. The detailed examination of this topical subject will be a valuable resource for academics, researchers and policy makers.