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28 November 2012
Issue: 7540 / Categories: Legal News
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Goldsmith v Grayling

Former attorney general attacks new justice secretary

Lord Goldsmith, the former attorney general, has accused the new justice secretary of failing in his duty to uphold the law.

In a sharply worded letter to The Times this week, Lord Goldsmith said Chris Grayling had “failed” his first test by “telling Parliament in effect that it could disregard the ruling of the European Court of Human Rights” on prisoners’ votes. This was “the opposite of upholding the rule of law”, he said.

Lord Goldsmith, who referred in the letter to the fact Grayling is not a lawyer, concluded: “One cannot imagine former Lords Chancellor such as Hailsham, Mackay or Irvine making this mistake.”

The European Court of Human Rights has ruled that the UK’s blanket ban on prisoners being allowed to vote is unlawful.

Grayling told MPs last week that Parliament was sovereign and that they could, if they wished, reject the court’s ruling. He added there would be a political cost to doing this. He laid a draft Bill before Parliament with options of keeping the blanket ban or giving the vote to prisoners sentenced to four years or six months.

Up to 3,000 prisoners could bring compensation claims for breach of their human rights if the government continues with a blanket ban.

Issue: 7540 / Categories: Legal News
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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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