Small businesses put themselves at risk by flouting age discrimination changes

Six months on and only 17% of businesses have adopted recruitment and employment changes. Small businesses are risking employment disputes as they fail to make changes to their employment policies following age discrimination legislation introduced in October 2006. The findings come from new research by Acas, Britain's leading employment relations organisation. The survey, which polled 750 small businesses, reveals that only 17% of them have introduced changes to their employment and recruitment practices. Respondents said that they had not made changes because they believe their organisations already comply or that the regulations do not apply to their business.

Country/Regional Focus: UK

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13 April 2007
© ACAS


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April 16, 2007 in Business, Employment, Equality, Housing, Legal | Permalink | Comments (0)

New Disciplinary Powers Lay Down the law for School Trouble Makers

Tough new powers giving teachers' clear and unequivocal authority to discipline badly behaved pupils become law this week. Designed to combat disruptive, bullying or offensive behaviour, they give teachers a clear statutory right to restrain, detain and remove unruly pupils, confiscate mobile phones that are being used in a malicious or disruptive way and punish pupils for poor behaviour not just in school, but also on the way to and from school. The core principles of the new right to discipline include: Strong statutory powers to punish pupils for unacceptable behaviour, not just in school, but also on the way to and from school -ensuring pupils are positive ambassadors for their schools when travelling on buses or trains to and from school. This can include weekend detentions. A legal duty on schools to make provision for measures to tackle all forms of bullying. The legal right to reasonably confiscate inappropriate items from pupils such as mobile phones or music players - personal items should not be used to distract pupils from learning.

Country/Regional Focus: UK

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02 April 2007
© DfES


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April 12, 2007 in Education, Legal, UK | Permalink | Comments (0)

New booklet on flexible working

Acas, Britain's leading employment relations service, has published a new booklet - Flexible working and work-life balance - to help employers and employees understand how flexible working can benefit their workplace. There are around 1.6 million employees providing some kind of unpaid care. From tomorrow, 6 April, there is a new right to request flexible working for those who have caring responsibilities. The new booklet, which can be viewed for free at www.acas.org.uk, guides employers and employees through a range of issues on flexible working and includes: a guide to all the major kinds of flexible working, from flexitime to shift-working, and part-time working to homeworking; a step by step guide to developing a flexible working policy;  the latest legal changes brought in by the Work and Families Act; a useful q & a section to address common concerns about flexible working.

Country/Regional Focus: UK

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05 April 2007
© ACAS

April 10, 2007 in Employment, Legal, UK, Work | Permalink | Comments (0)

Government announces plans for new energy ratings for public buildings

Public buildings like museums, galleries, government buildings and town halls must get energy ratings - like consumer friendly fridge ratings - and display them to the public from April 2008, the Government said today. Visitors will be able to see the annual carbon emissions of each building. This measure is intended to encourage energy improvements to public buildings, help cut costs to the public purse and lead the way in cutting carbon emissions. Housing Minister Yvette Cooper said: "We must all work together to cut carbon emissions. More than 40 per cent of carbon emissions in the UK come from buildings.From the local library to the House of Commons, the public sector must do its bit to cut carbon emissions." The publication of regulations published today on the Energy Performance of Buildings paves the way for the introduction of Home Information Packs (HIPs) which include Energy Performance Certificates (EPCs) for homes. Final regulations to introduce HIPs were also published today.

Country/Regional Focus: England/Wales

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29 March 2007
© DCLG

April 10, 2007 in England, Environment, Housing, Legal, Wales | Permalink | Comments (0)

Don't make workers wait too long for extra holiday, says TUC

Several million of the UK's hard-working employees should soon be enjoying more leisure time with their family and friends thanks to Government plans to increase the legal minimum holiday entitlement for all UK workers, says the TUC today. But in its submission to a Government consultation on increasing the UK's minimum annual leave entitlement, the TUC is urging ministers not to bow to the business lobby and make employees wait until next autumn before they can get the extra time off work. Under existing law, it is will be perfectly legal for employees unfortunate enough to work for mean employers to be forced to take this Good Friday and Easter Monday from their four weeks' statutory minimum leave entitlement. This means that when this weekend's two bank holidays and this year's other six are taken into account, some full time employees could be left with just 12 days holiday, and some part-time staff could find themselves using up almost all their annual leave just on public holidays, says the TUC. The Government's proposals will prevent employers from doing this, by granting employees a minimum of 5.6 weeks leave a year - 28 days for a full-time worker. In its submission, the TUC says that ministers should ignore the cries from some employers that bringing in the extra leave all in one go will be unaffordable. The TUC argues that UK workers should not have to wait another 18 months before getting the extra holiday as the economy is performing well enough to absorb the full change from this October.
Country/Regional Focus: UK
Themes: work, employment. legal

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04 April 2007
© TUC

April 10, 2007 in Employment, Legal, UK, Work | Permalink | Comments (0)

Acas finds name calling, threats and bullying in discrimination cases for sexual orientation and religion or belief

Today, 2 April 2007, Acas presented their research results on the impact of the Sexual Orientation Regulations and the Religion or Belief Regulations 2003. Since both sets of the regulations came into force, findings show that workplace discrimination allegations regarding sexual orientation were dominated by claims of bullying and harassment including name calling, threats and physical assaults. Equally, religion and belief in employment tribunal claims included many instances of bullying or harassment as well. But another key theme were claims stemming from difficulties over working hours, time off or leave to follow religious practices, promotion or retirement and workplace dress codes.

Country/Regional Focus: UK

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02 April 2007
© ACAS

April 4, 2007 in Employment, Legal, UK | Permalink | Comments (0)

Chancellor sets out increased support for children and families

The Chancellor of the Exchequer, the Rt Hon Gordon Brown MP, today published the results of a joint review by HM Treasury and the Department for Education and Skills into services for children and young people. Aiming High for Children: supporting families, will inform decisions in this area over the Comprehensive Spending Review period. The review includes plans for increased investment in Sure Start Children's Centres, one-to-one tuition in schools, out-of-school activities, and support for mothers and fathers with their parenting responsibilities. It also seeks to help families at risk through providing extra support, as well as getting appropriate engagement from families, such as through parenting contracts. The Chancellor said: 'We need to mobilise all of our energies and commitment to support children and families - to help parents as they do the most difficult job in the world - raising a child. Government has a duty to support families with practical, sustained help wherever and whenever they need it. It is also important that all parents, not just the majority, take their own responsibilities seriously and we will provide support to ensure they do.'

Country/Regional Focus: UK

29 March 2007
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March 30, 2007 in Child Welfare, Legal, Social Issues, UK | Permalink | Comments (0)

UK among first countries to sign new human rights convention for disabled people

The UK will tomorrow be one of the first countries to sign the United Nations Convention on Disability Rights.  Anne McGuire, Minister for Disabled People, will sign the Convention on behalf of the UK at a ceremony held at the UN in New York. The Convention marks a significant step forward in ensuring disabled people across the world have the same human rights as every one else.  It covers aspects such as disabled people’s rights to education, employment and participation in political and public life.  Ms McGuire said: 'I am proud to be able to sign the Convention for the UK, thus honouring the Prime Minister’s expressed hope given in December 2006 to be among the first countries to sign the Convention. But it’s not just our citizens who will benefit from this.  There are around 650 million disabled people worldwide who stand to see an improvement in their lives too - especially in the developing world where 80% of the world’s disabled population live. Prejudice against disabled people is unfortunately still far too prevalent and although we still have a long way to go in changing attitudes, this Convention at last puts disabled people’s human rights on an equal footing with everyone else's.'

Country/Regional Focus: UK

Web: http://www.dwp.gov.uk/mediacentre/pressreleases/2007/mar/drc-290307.asp
29 March 2007
© Department for Work and Pensions


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March 30, 2007 in Disability, Legal, UK | Permalink | Comments (0)

Make legal services more accessible to consumers says Bridget Prentice

Consumers should have more choice of where and how to obtain high quality and easily accessible legal services, Legal Services Minister Bridget Prentice said today. Ms Prentice said new kinds of business structures, made possible through the Legal Services Bill, would increase the choice of models for delivering legal services by enabling firms owned and managed by non-lawyers to provide legal services where appropriate.

Country/Regional Focus: UK

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26 March 2007
© Department for Constitutional Affairs (National)

March 29, 2007 in Legal, UK | Permalink | Comments (0)

Parents urged to consider welfare of children before going to the family courts

Divorced and separated parents who go to court to settle disputes risk making matters worse for their children. Opening a new facility at the South East London Family Mediation Bureau in Bromley today, Family Justice Minister Harriet Harman said that wherever possible separating parents should be encouraged to agree the future of their children's welfare rather than going to court, which can badly affect their children. In 2005 around 70,000 children were the subject of dispute between their parents where the case did not include any allegations of harm to children. These are cases that did not need to be heard by a court.

Country/Regional Focus: UK

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26 March 2007
© Department for Constitutional Affairs (National)

March 29, 2007 in Child Welfare, Legal, UK | Permalink | Comments (0)

Wales stubs it out on April 2nd

Wales will be a cleaner, healthier nation in which to live, work and play from Monday 2nd April 2007 as a total ban on smoking in enclosed public places and workplaces comes into force. The National Assembly for Wales was the first administration in the UK to back a motion to end smoking in all enclosed public places in January 2003. Wales’ First Minister Rhodri Morgan said: 'This is the single most important public health measure that the Assembly has brought in.  Second-hand smoke in public places is estimated to cause 400 premature deaths a year.  This is an unacceptable toll.' A smoking ban guidance pack containing information on the regulations, how to comply and the penalties has been sent to every business in Wales.  More than 500 local authority enforcement officers across Wales have been working closely with businesses to offer advice and support about the changes.  The majority of these officers are not newly recruited staff and local authorities in Wales are ensuring that existing staff in Environmental Health, Trading Standards and other departments are familiar with the requirements of the legislation.

Country/Regional Focus: Wales

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26 March 2007
© Welsh Assembly

March 27, 2007 in Health, Legal, Wales | Permalink | Comments (0)

Shared ownership taxation: Housing associations may be saved millions in tax

Lobbying by the National Housing Federation may have saved charitable housing associations from a tax bill running into many millions of pounds, allowing them to invest in more affordable homes. The Chancellor announced in yesterday’s Budget that the Treasury will work to ensure that corporation tax rules are not a barrier to charitable housing associations investing in shared ownership schemes.This follows more than a year of lobbying by the Federation and its members to ensure that charitable associations are not caught out by the tax rules.

Country/Regional Focus: UK

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22 March 2007
© National Housing Federation

March 27, 2007 in Housing, Legal, UK | Permalink | Comments (0)

Breaking drug networks to cut crime

Police forces that have successfully smashed drug networks and put criminals behind bars were honoured by the Home Office last night. Police officers from Merseyside, Greater Manchester and Humberside were congratulated for their exemplary work in cracking down on drug dealers at the Annual Tackling Drug Supply Awards 2007 for police and drug intervention teams. The awards aim to highlight best practice so that other police forces can go on to emulate the success of these three police forces. Other police forces and one drug treatment team from around the country have been commended for their sterling work. The Home Office gives awards to those forces that have successfully tackled street level dealing, recovered drug dealers' assets, linked up effectively with drug treatment teams to cut drug related crime and thwarted drug distribution.

Country/Regional Focus: UK

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22 March 2007
© Home Office (National)

March 23, 2007 in Legal, Social Issues, UK | Permalink | Comments (0)

Acas welcomes the review of conflict resolution

Following a wide-ranging independent review by Michael Gibbons on improving the way employment disputes are resolved, Acas is pleased that the review is moving forward. Rita Donaghy, Acas Chair said: 'We are encouraged that the issues surrounding dispute resolution are being taken seriously and new approaches are being considered. Dispute resolution is an issue that potentially affects every workplace and costs the UK economy heavily if it is not tackled at an early stage. The key is to prevent disputes happening in the first place through good employment relations. Where this is not possible, the system must allow for a quick, effective resolution that is fair to all parties.'

Country/Regional Focus: UK

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22 March 2007
© ACAS

March 23, 2007 in Employment, Legal, UK | Permalink | Comments (0)

FOI 'serving Scotland well'

Minister for Parliamentary Business Margaret Curran today praised public authorities for embracing Scotland's Freedom of Information Act as the announced the outcome of a Review of the legislation. The Minister said: 'The Review did not provide conclusive evidence to underpin any decisions on changes to the fees system. However, it is important that FOI strikes a balance between encouraging use of the Act by the public while not imposing an unreasonable burden on authorities. We will therefore be looking in more detail at how the Fee Regulations are working in practice across Scotland.' The Review also gathered initial views on what additional bodies could be covered by Freedom of Information. The Executive will be finalising the conditions for considering a body for coverage, and consult with those bodies which Ministers decide are suitable before the end of the year.

Country/Regional Focus: Scotland

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15 March 2007
© Scottish Executive

March 16, 2007 in Democracy, Legal, Scotland | Permalink | Comments (0)

The Corston Report

Champion for women needed for those with particular vulnerabilities in the Criminal Justice System - Baroness Jean Corston. Baroness Jean Corston's report on a review of women in the criminal justice system with particular vulnerabilities was published today. Baroness Corston called for a greater focus on women in the criminal justice system and highlighted the need to take a radical new approach to address the complex and multiple needs of women who offend and those at risk of offending. Baroness Corston welcomed the publication of the report and said: 'I am grateful to the Government for inviting me to conduct this important review and I am hopeful that the recommendations I make will be taken forward promptly. This report focuses on the needs of women with particular vulnerabilities who come into contact with the criminal justice system whose needs are currently not being adequately addressed. It has been made clear to me during my review that, as a minority in the criminal justice system, women's needs are invariably overlooked. There needs to be a champion for women so that consideration is given to the differential needs of women; women not just in the criminal justice system but those who are socially excluded and at risk of offending.'

Country/Regional Focus: UK

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13 March 2007
© Home Office (National)

March 14, 2007 in Equality, Legal, UK | Permalink | Comments (0)

Charity begins with public benefit - launch of public debate

Every charity must show it is for the public benefit, the Charity Commission announces today as it publishes a consultation on the principles of public benefit. The charity regulator is calling for views on draft guidance which paves the way for a new public benefit requirement for all charities, to come into force early next year. Under the 2006 Charities Act, for the first time all charities - including charities which advance education or religion, or relieve poverty - must show they are established for the public benefit. The Act gives the Commission, as the independent regulator, responsibility for raising awareness about the public benefit requirement and carrying out public benefit checks on charities. Consultation on Draft Public Benefit Guidance explains the Commission's approach to public benefit, and sets out the four key principles of public benefit it has identified: There must be an identifiable benefit. Benefit must be to the public, or a justifiable section of the public. People on low incomes must be able to benefit. Any private benefit must be incidental.

Country/Regional Focus: UK

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06 March 2007
© Charity Commission

March 7, 2007 in Charities, Legal, UK | Permalink | Comments (0)

OFT advises consumers to look for the OFT approved code logo

The OFT launches its Approved codes awareness month today and advises consumers to look for businesses displaying the OFT Approved code logo when buying goods and services. The OFT Approved code logo means that the business is a member of a trade body with a code of practice approved by the OFT which offers consumers a higher level of customer service. Consumers can use the postcode search facility on the new OFT website to look for businesses in their area. The campaign will run throughout March in six targeted areas: London, West Midlands, Tyneside, Greater Manchester, Scotland and Wales. The aim is to raise awareness of the OFT Approved code logo amongst consumers and encourage them to learn more about the benefits of using a business signed up to an OFT Approved code.

Country/Regional Focus: UK

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04 March 2007
© Office of Fair Trading (National)

March 7, 2007 in Finance, Legal, UK | Permalink | Comments (0)

Way forward for crofting

Implementation of the Crofting Reform Act will be taken forward in two stages following Royal Assent, it was announced today. Measures to allow for the creation of new crofts, address neglect or misuse of crofts and ensure that crofters are able to take full advantage of the economic benefits of securing croft land will commence in June this year. Further measures covering the regulatory work of the Crofters Commission and information held on the register of crofts will commence in January 2008. Deputy Rural Development Minister Sarah Boyack said: 'Crofting plays a vital role in the economic and social fabric of rural Scotland. We are committed to securing its future well into the 21st Century. The Crofting Reform Act is a significant piece of legislation. It will allow the creation of new crofts for the first time in a century, ensure that existing croft land is properly used, extend crofting tenure beyond the crofting counties and ensure that crofting communities who acquire their land will secure the economic benefits that come with ownership. Now that the Bill has received Royal Assent we will move quickly to ensure that existing crofters and those who wish to take up crofting can benefit from this new legislation.' The Crofting Reform etc. Act received Royal Assent on March 1, 2007. Scottish Ministers have agreed to commence the provisions in the Act in two stages, June 2007 and January 2008.

Country/Regional Focus: Scotland

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06 March 2007
© Scottish Executive

March 7, 2007 in Legal, Rural, Scotland | Permalink | Comments (0)

Volunteers and the law book available to download

Volunteers and the Law - A readable guide to legal issues for volunteer managers. This publication is the first of its kind dedicated to volunteering. Valuable for large and small organisations alike, Volunteers and the Law covers all the main areas of concern: Expenses; Benefits; Criminal record checks; Health and safety; Data protection; Avoiding creating employment contracts.  - The complete version of 'Volunteers in the Law' is now available to download as a free pdf document.

Country/Regional Focus: England

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06 March 2007
© Volunteering England

March 6, 2007 in England, Legal, Voluntary Sector, Volunteering | Permalink | Comments (0)

Countdown to major justice reforms

Scotland's criminal justice agencies are on-track to deliver a future with fewer victims, less violence and safer communities Justice Minister Cathy Jamieson told the SACRO annual conference in Edinburgh today. She told delegates that one month from today massive structural changes will come on-line, driving forward vital improvements, including: Community Justice Authorities (CJAs) take up their full powers - helping to reduce reoffending by improving the way local councils, the Scottish Prison Service and other agencies work together to manage offenders. Introduction of Public Protection Arrangements (MAPPAs) - ensuring sex offenders are tracked all the way through the criminal justice system and beyond by agencies combining their intelligence and expertise. The Scottish Police Services Authority becomes fully operational - modernising the police service. This will bring together police training, criminal records, the development of national information systems and a new national forensic service. The Scottish Crime and Drug Enforcement Agency will also form part of the organisation, having been put on a statutory basis with new statutory powers and functions.

Country/Regional Focus: Scotland

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01 March 2007
© Scottish Executive

March 2, 2007 in Legal, Scotland, Social Issues | Permalink | Comments (0)

Barlinnie prison report published

The end of slopping out and the refurbishment of parts of Barlinnie have created much better conditions for staff and prisoners, according to the latest report by Her Majesty's Chief Inspector of Prisons published today. Dr Andrew McLellan's report, based on a full inspection of HMP Barlinnie in August last year, also highlights that. An excellent 'First Night Centre' has been opened, designed to make introduction to prison life as safe and reassuring as possible. There are few opportunities for prisoners to spend the day doing something useful, and for remand prisoners in particular conditions are poor and opportunities very limited.

Country/Regional Focus: Scotland

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26 February 2007
© Scottish Executive

March 1, 2007 in Legal, Scotland | Permalink | Comments (0)

Measures to manage sex offenders

New arrangements to publicise the identities of sex offenders who seek to evade the police, and clearer guidance for the police on entering sex offenders' homes to prevent crimes are being proposed by the Executive today. They are part of a range of additional measures in the Executive's response to the Justice 2 Committee's review on child sex offenders. Justice Minister Cathy Jamieson thanked the committee for their rigorous review, published late last year, and for recognising the range of measures already introduced by the Executive to improve the management of sex offenders - including new powers for the police introduced in September. Among the measures outlined by the Executive in today's response are: Working with ACPOS, the Child Exploitation and Online Protection (CEOP) Centre, and Crimestoppers to ensure an online resource becomes available in Scotland. This will mean that where a sex offender absconds from their registered address, the police and Crown Office and Procurator Fiscal Service can decide to publish information about that individual on the internet. Working with ACPOS to ensure police guidance makes clear an officer's immediate powers to search and enter a sex offender's home if they believe an offence is being or is about to be committed, particularly in cases involving children. These are separate to new powers introduced in September, enabling the police to apply to a sheriff for a warrant to enter and search a sex offender's home for the purposes of risk assessment or to check information on the register. To publish figures annually on the use by forces of the formal police warning scheme, now being developed by ACPOS. This scheme will support case-by-case disclosure of information about a sex offender's whereabouts/activities to a relevant third party if he/she continues to ignore police warnings about their behaviour. Publication of these figures will re-assure the public that targeted disclosure can and will occur where the police consider it necessary.

Country/Regional Focus: Scotland

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20 February 2007
© Scottish Executive

February 21, 2007 in Child Welfare, Health, Legal, Scotland | Permalink | Comments (0)

Million pound boost to low paid workers

Low-paid workers can celebrate thanks to a landmark minimum wage ruling handed down by the Court of Appeal on Friday. The decision means thousands of Butlins' and Haven Holidays' staff will share up to £1million in pay arrears.  HM Revenue & Customs took enforcement action against Leisure Employment Services, which owns Butlins and Haven Holidays, over deductions taken from employees' wages to cover utility bills. The deduction of £6 per fortnight from staff living onsite meant pay fell below the national minimum wage. The case began at Employment Tribunal in 2005.  Denise Gaston, National Minimum Wage Business Manager at HM Revenue & Customs, said:  "This ruling is good news for all workers living in accommodation provided by their employer. It reinforces the fact that deductions for things like heating and lighting must not take workers' pay below their legal entitlement.  "Where we suspect employers are paying less than the minimum wage we investigate and where necessary pursue cases to Tribunal."

Country/Regional Focus: UK

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19 February 2007
© HM Revenue & Customs (National)

February 20, 2007 in Employment, Finance, Legal, UK | Permalink | Comments (0)

Home Secretary announces plans for new prisons

Home Secretary John Reid today announced that he has commissioned another two new prisons to manage the growing prison population and protect the public from dangerous and persistent offenders. Speaking at the first prison he has personally commissioned, HMP Kennet in Merseyside, the Home Secretary said that the Home Office was 'working flat out to deliver additional capacity within the system'. He continued: 'We have already purchased two potential sites for new prisons and I can announce today that one of them is here at Maghull, where we already have planning permission to provide up to 600 new places by 2010. A second is next door to Belmarsh prison in South East London, where we are still in discussion with the planning authorities. In total, the Home Secretary said that the Home Office building programme now "amounts to around 10,000 new build places over the next five years. In 2007 alone, I am planning to deliver around 2,500 new places by the end of the year including around 1500 by July with new places at 13 different prisons. Now that this extra capacity is being delivered, the Home Secretary said that, "we also need to deliver on the sentencing philosophy already set out in the 2003 Criminal Justice Act and elsewhere.' Therefore: 'Violent, serious and persistent offenders should be incarcerated for as long as necessary. With tough prison sentences for serious, violent offenders - like those who use or carry guns. Non-serious, non violent offenders should be paying back to the community for the damage they've done through visible and enforced unpaid work and local community punishments not ineffective short-term prison sentences. And we should aim to move out of custody those who shouldn't be in our prisons in the first place - notably foreign prisoners who can serve their sentences abroad.' The Home Secretary also confirmed that yesterday with our European partners we agreed an arrangement that will enable us to transfer prisoners within the EU without their consent. This will, for the first time, create an obligation on member states to accept back their own nationals.

Country/Regional Focus: UK

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15 February 2007
© Home Office (National)

February 19, 2007 in Legal, Social Issues, UK | Permalink | Comments (0)

New police powers to tackle disorder

Police have been given new powers to impose fixed penalty notices (FPNs) for antisocial behaviour wherever it occurs in Scotland, it was announced today. Following a successful pilot in Tayside, all eight forces will soon be able to issue the penalties for various offences, including breach of the peace, urinating in a public place and drinking alcohol in public where it is banned. An independent evaluation of the 12-month pilot, published today, found that FPNs had proved successful in Tayside and recommended a national roll out of the scheme. The powers come into force today, with all forces making use of these by the end of this year. In addition to Tayside, officers in Central Scotland, Dumfries & Galloway, Fife and Northern Constabulary will start using FPNs this spring, with Grampian and Lothian & Borders following suit by the end of the summer and Strathclyde issuing the penalties by the end of 2007. Deputy Justice Minister Johann Lamont made the announcement in Dundee, to coincide with the launch of the latest nationwide Antisocial Behaviour campaign. The Antisocial Behaviour roadshow will call at 15 locations across Scotland, including nine towns and cities which will be hosting it for the first time. Ms Lamont saw first hand the impact which FPNs, together with other measures and resources the Executive has given local authorities and police to tackle antisocial behaviour, have had on communities in Tayside.

Country/Regional Focus: Scotland

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13 February 2007
© Scottish Executive

February 14, 2007 in Legal, Scotland, Social Issues | Permalink | Comments (0)

Tougher penalties for misuse of personal data

For the first time courts will be able to jail people who trade in - or deliberately misuse - the personal data of others, in a move to crack down on the illegal trade in personal information announced by the Department for Constitutional Affairs today. The decision follows a public consultation on increasing penalties for deliberate and wilful misuse of personal data and is part of the Government's strategy on data sharing to deliver better public services to individuals. The Government has been increasingly concerned about an apparent growth in the trade in personal data. Current penalties of a fine in the Data Protection Act 1998 (DPA) have not provided a sufficiently strong deterrent. These concerns were highlighted in special reports to Parliament by the Information Commissioner, What Price Privacy, and What Price Privacy Now? Lord Falconer, Secretary of State for Constitutional Affairs and Lord Chancellor, said: 'We are determined to do all we can to stamp out this intrusive and illegal trade. People have a right to have their privacy protected from those who would deliberately misuse it and I believe the introduction of custodial penalties will be an effective deterrent to those who seek to procure or wilfully abuse personal data. Greater data-sharing within the public sector has the potential to be hugely beneficial to the public and is wholly compatible with proper respect for individuals' privacy. One of the essential ways of maintaining that compatibility is to ensure the security and integrity of personal data once it has been shared.'

Country/Regional Focus: UK

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08 February 2007
© Department for Constitutional Affairs (National)

February 12, 2007 in Democracy, Legal, UK | Permalink | Comments (0)

Crime cash milestone reached

More than £10 million has been recovered from criminals since the introduction of the Proceeds of Crime Act in 2003, it was announced today. Lord Advocate Elish Angiolini QC said: 'Year on year we are continually achieving a sustained increase in the amount of confiscation orders we secure. This is further proof that crime does not pay and that we will use the full extent of the law to track down and recover the proceeds of crime. The message is clear, should you seek to profit from crime then not only may you be sent to prison for a significant amount of time but the proceeds from your criminal activity may also be confiscated, whether this be cash, property or vehicles.'

Country/Regional Focus: Scotland

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06 February 2007
© Scottish Executive

February 7, 2007 in Communities, Legal, Scotland | Permalink | Comments (0)

Welsh businesses and homes are leaving their virtual doors wide open to thieves

Thousands of homes and businesses throughout Wales could be unsuspectingly leaving their “virtual” front doors open to thieves and fraudsters because of lack of protection on their computer wireless networks. Ahead of a major conference on e-Crime in March – e-Crime Wales Summit 2007 - the Welsh Assembly Government-supported e-Crime Wales Steering Group believes many small business networks could be vulnerable and even individuals could be leaving their personal information open for all as a result, potentially costing millions of pounds in fraud. Through random samples in North, Mid and South Wales, we have found that a high proportion of wireless networks are potentially open with little or no security,” said Detective Chief Superintendent Chris Corcoran of North Wales Police and Chair of the e-Crime Wales Steering Group. This is like leaving your front door unlocked and putting a sign up saying ‘come in and see what we have in here.’ Computers hold a lot of confidential, commercial and personal information, and allowing this to be accessible to anyone could cause huge damage and could bring a business to its knees.

Country/Regional Focus: Wales

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01 February 2007
© Welsh Assembly

February 5, 2007 in Legal, Wales | Permalink | Comments (0)

Independent Police Complaints Commission - The facts

The Independent Police Complaints Commission (IPCC) is responsible for overseeing the system for complaints against police officers and staff in England and Wales. In April 2004 the IPCC replaced the Police Complaints Authority (PCA), which had much-more limited powers. In 2006 the IPCC's powers were extended to cover HM Revenue and Customs (HMRC) staff involved in serious incidents or deaths in the exercise of their 'police-like' powers. The Commission also took on responsibility for complaints involving the Serious Organised Crime Agency (SOCA.) The IPCC will also take on responsibility for Immigration and Nationality Department enforcement later this year. The IPCC is independent of the police service, HMRC and SOCA. It is funded by the Home Office, HMRC and SOCA but operates independently from them.

Country/Regional Focus: UK

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01 February 2007
© Independent Police Complaints Commission (National)

February 2, 2007 in Legal, UK | Permalink | Comments (0)

OFT launches Scams Awareness Month 2007

Consumers warned to 'Stop, think and think again' if they receive an 'unbelievable' offer! The OFT today launches its 2007 Scams Awareness Month to warn consumers about the increasingly sophisticated techniques used by scammers. These techniques include spam e-mails, texts and internet pop-ups and according to recent research carried out by the OFT, cost UK consumers around £3.5billion each year. The nationwide campaign will run throughout February and give consumers the knowledge and skills they need to recognise, report and stamp out scams.

Country/Regional Focus: UK

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01 February 2007
© Office of Fair Trading

February 2, 2007 in Legal, UK | Permalink | Comments (0)

Coroners get more powers to help prevent future deaths

Coroners will be given stronger powers to respond to the wish of bereaved relatives to ensure that lessons are learned from a sudden death, helping to prevent the same thing from happening in the future. Coroners can already make reports to public or private sector organisations about what preventative actions could help avoid repeat incidents. New powers to be included in the draft Coroners Bill will build on the existing law in four ways: Coroners will be able to require organisations to respond to their reports and to say what action they'll take to prevent future deaths; The coroner will be able to request a written response to his or her report within a specified timeframe and there will be a legal obligation for agencies and organisations to respond. The Chief Coroner, to be appointed under the Bill, will monitor the reports made and responses received; and An annual report of these responses will be made to the Lord Chancellor and laid before the House of Commons, to ensure accountability.

Country/Regional Focus: UK

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30 January 2007
© Department for Constitutional Affairs (National)

January 31, 2007 in Legal, UK | Permalink | Comments (0)

New Limits for Unfair Dismissal and Redundancy Payments

The limits on payments and awards made to workers in employment rights cases will rise from 1st February under the annual index-linked formula. The increased limits affect: statutory redundancy payments; the basic and compensatory awards for unfair dismissal; the limit on guarantee payment made when employees are not provided with work; and, the minimum basic award for unfair dismissal in health and safety and certain other cases.

Country/Regional Focus: UK

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26 January 2007
© Department of Trade and Industry (National)

January 29, 2007 in Employment, Legal, UK | Permalink | Comments (0)

Criminal Proceedings Bill

The Criminal Proceedings Bill which is intended to free up time and resources in Scotland's non-jury courts and tighten up the system of bail and remand, was approved by MSPs in the Parliament tonight. Justice Minister Cathy Jamieson said that the Bill will enable the courts to concentrate on dealing with more serious offenders and deliver 'swifter, smarter justice.' This latest reform package builds on improvements already introduced in the High Courts in Scotland which are delivering real benefits for witnesses, victims and jurors. The key provisions include: Expanding the system of alternatives to prosecution, including increasing the maximum level of 'fiscal fine' from £100 to £300 and introducing fiscal compensation offers, which will allow victims of minor offences to receive compensation of up to £5,000 without the case coming to court. Reforms to bail and remand. The Bill underlines that consideration should be given to public safety when the court is deciding whether to grant bail. It will also ensure that anyone who has serious convictions for violent, sexual or drug trafficking offences and is accused of a similar serious offence is only given bail in exceptional circumstances. Bail conditions will also be strengthened and penalties for breach increased. Creating a new post of fines enforcement officer for managing fine collection and enforcement. They will have a range of powers to ensure that fines are paid, such as arresting the wages of offenders who can pay but refuse to pay, but also offering advice and information to those who are genuinely struggling to pay. This will improve fine collection whilst reducing the amount of time the police have to spend enforcing warrants for the non-payment of fines and minimising court involvement. A range of reforms to the detailed law of criminal procedure - e.g. allowing prosecutors to apply to the court to have all outstanding charges 'rolled up' into a single case, even if they are from different court areas, ensuring more efficient use of court and prosecution resources. Enable trial in absence to take place in the full range of summary cases if the court considers it to be in the interests of justice to do so. This will tackle the number of offenders who seek to avoid justice or put off the day of reckoning by failing to turn up to court - causing inconvenience and distress to witnesses, and a waste of resources.

Country/Regional Focus: Scotland

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18 January 2007
© Scottish Executive

January 22, 2007 in Legal, Scotland, Social Issues | Permalink | Comments (0)

Crime 'Super Campus' a step closer

Plans to create a national crime-busting campus in the West of Scotland moved a step closer today. Justice Minister Cathy Jamieson confirmed that the Executive are in advanced negotiations towards agreeing a land purchase from Scottish Enterprise, and will be formally reserving a site on the Gartcosh Business Interchange for the construction of a crime campus. The move proposes the co-location of the Scottish Crime and Drug Enforcement Agency (SCDEA) and its sister law enforcement agencies - the Serious Organised Crime Agency (SOCA) and Her Majesty's Revenue and Customs (HMRC).

Country/Regional Focus: Scotland

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15 January 2007
© Scottish Executive

January 16, 2007 in Legal, Scotland, Social Issues | Permalink | Comments (0)

Legal aid changes to benefit most vulnerable

Reforms to the legal aid system will ensure good quality advice is available for the most vulnerable groups of people, Legal Aid Minister Vera Baird will say in a Parliamentary debate later today. The changes to the way the Government buys legal services for the public will begin to take effect from April 2007. Payments will be made to lawyers on the basis of a whole case and work completed, rather than by hourly rates that provide no incentive for cases to be concluded swiftly and can reward the inefficient. These reforms will encourage the effective running of the justice system, in particular in crime, by rewarding well-run cases. This is part of the wider drive towards simple, speedy, summary justice. Vera Baird said: 'Legal aid is an integral part of the welfare state that protects the vulnerable and ensures justice is done. That makes it imperative to ensure that the budget is well-spent and delivers top quality advice to all those who need it. It is paid for by the taxpayer and supplied by lawyers and from now on there will be better value for the first and fairer pay for the second.'

Country/Regional Focus: UK
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11 January 2007
© Department for Constitutional Affairs (National)

January 12, 2007 in Deprivation, Legal, UK | Permalink | Comments (0)

Fines for minimum wage non-payers

Employers who refuse to pay the minimum wage could face a £200 fine for every worker they had underpaid, Trade and Industry Secretary Alistair Darling announced today.Employers already have to pay back arrears they owe to the worker and now those who refuse to pay up will be penalised.Alistair Darling said:"Workers have the right to a decent minimum wage and we are determined they get it. To those employers avoiding the minimum wage the message is don't pay it and you'll pay the fine. In the last year alone the government's enforcement teams across the UK helped over 25,000 workers get more than £3m back in unpaid wages. The vast majority of good employers need to know they are operating on a level playing field. These measures will help deliver that." In cases where workers complain they are not getting the minimum wage, Her Majesty's Revenue and Customs (HMRC) investigate the employer. If the complaint is upheld and the employer will not pay then he is given a warning to repay the arrears within seven days. Those employers who do not pay within seven days risk a fine.

Country/Regional Focus: UK

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09 January 2007
© DTI

January 10, 2007 in Economy, Employment, Legal, UK | Permalink | Comments (0)

Appointment of Immigration Judge of the Asylum and Immigration Tribunal

The Lord Chancellor and Secretary of State for Constitutional Affairs Lord Falconer of Thoroton has appointed Mark Richard Hemingway to be an Immigration Judge of the Asylum and Immigration Tribunal with effect from 8 January 2007.

Country/Regional Focus: UK

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08 January 2006
© Department for Constitutional Affairs - Judicial Appointments (National)

January 9, 2007 in Legal, UK | Permalink | Comments (0)

UK National Control Plan for food and feed law published

The first National Control Plan for the UK is now available online. The plan aims to ensure that effective control systems are in place for monitoring and enforcing feed and food law, animal health and welfare rules and plant health law. The plan meets a requirement in EU Regulation 882/2004 on official controls that all Member States must have a multi annual (three to five years) national control plan in place by 1 January 2007. It was prepared jointly by the Agency, the Department for Environment, Food and Rural Affairs (Defra), and the Agriculture/Rural Affairs Departments in Scotland, Wales and Northern Ireland. The plan describes the regulatory landscape in the UK in these sectors and it gives details of the roles and responsibilities of the different authorities and associated bodies that are involved.
Country/Regional Focus: UK

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14 December 2006
© Food Standards Agency

December 15, 2006 in Food, Health, Legal, UK | Permalink | Comments (0)

NFU gives cautious welcome to Rural Development Programme contingency arrangements

The NFU has given a cautious welcome to the Government’s plan to keep the Environmental Stewardship and Hill Farm Allowance schemes open for new applications as attempts to sort out the controversy surrounding delays to the next Rural Development Programme for England and voluntary modulation regulation continue. But it expressed disappointment that no new applications would be accepted under the Energy Crops Scheme during the first part of next year. The news came in a written statement by David Miliband about the contingency arrangements for the delay to the start of the RDP for England 2007-13. An NFU spokesman said the Government needed to take steps to ensure farmers’ positions were safeguarded if any changes were needed to 2007 agri-environment agreements. 'While we’re happy that the land management schemes remain open, especially HFA and ELS, the news that no new applications will be accepted for the Energy Crops Scheme in the first part of 2007 is very disappointing and we sincerely hope the scheme will be reopened to new applicants in the summer.'
Country/Regional Focus: UK

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13 December 2006
© NFU

December 15, 2006 in Development, Legal, Rural, UK | Permalink | Comments (0)

National Anger Awareness Week 1-7 December 2006 launches with free 'Keep Your Cool over Yule' kit

The British Association of Anger Management (BAAM) is running National Anger Awareness Week between 1-7 December 2006 to increase understanding of the underlying causes of anger and equip people to reduce their own, and other's, anger in an effective way. BAAM has created a special kit to help people cope with the additional stresses and anger-triggers connected to the Christmas period -whether that be staying calm with overexcited children or dealing with the more extreme problems that can often be brought to a head at this time of year. It's available as a free download or you can find full details at www.baam.co.uk. Mike Fisher, founder of BAAM and author of the self-help book Beating Anger, explains: 'It almost seems impossible to have Christmas without a row these days. Someone's fed-up in the kitchen, we can be over-loaded at work, everyone wants something different on the TV, relationships with partners and families are under the microscope, the kids are playing up and your parents-in-law are coming to stay…it's a stressful time. 'National Anger Awareness Week encourages everyone to prepare themselves with simple coping strategies to create an atmosphere of calm and cooperation. Of course, what you can learn from the Keep Cool Kit can be used at any time of year to help deal with those difficult emotions.'

Country/Regional Focus: UK

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04 December 2006
© British Association of Anger Management

December 4, 2006 in Advice, Legal, UK | Permalink | Comments (0)

Youth Justice Improvement Team

A frontline team of youth justice professionals has begun work with the aim of improving performance levels among agencies responsible for tackling persistent youth offending. The Youth Justice Improvement Team, bringing together experienced police and other professionals, has been drawing up its plans since being formed over the summer. Quarterly figures from the Scottish Children's Reporter Administration today show that 122 (15 per cent) more youths qualified as persistent young offenders during July-September than over the same three months last year. Justice Minister Cathy Jamieson said: 'All the indicators show that across Scotland crime is falling - from housebreaking to robbery, right through to homicides. But within that improving picture there remain real challenges - like the hard core minority of youths who continue to re-offend and disrupt too many of our communities. Three years ago we identified weaknesses in agencies' ability to tackle these problems. We acted - we now deliver record funding of £63 million to support local youth justice services, and we have given police and local authorities new powers - backed by further resources - to tackle antisocial behaviour.

These are increasingly being used to bring relief to hard-pressed communities. Ask the people of Mid Calder or Dennistoun where dispersal orders have helped bring order to areas where gangs of youths were causing chaos. Looking back from September this year to September last, I'm bitterly disappointed that the number of persistent young offenders rose again in half of Scotland's local authority areas. Rightly this is a concern to local people living in those council areas who understandably look to both local and central government actions to make a positive difference. And it can be done. Over the same period, persistent youth offender numbers have been cut in 10 local authority areas, showing how progress can be made with effective and co-ordinated action from the responsible agencies. As these latest figures were being gathered, I launched the national Youth Justice Improvement Programme, outlining the action that must be taken both at a local and national level to deliver results that communities deserve and demand.'

Country/Regional Focus: Scotland

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01 December 2006
© Scottish Executive

December 4, 2006 in Legal, Scotland, Social Issues, Young People | Permalink | Comments (0)

Helping consumers get a better deal from lawyers

Do you need a lawyer - and if you do, would you know how to get yourself the best possible deal? A Step by step guide to choosing a legal adviser is a new leaflet that will help consumers get the right advice for them, launched by Legal Services Minister Bridget Prentice today. The leaflet highlights the key questions that consumers should think about when shopping for legal services to enable them to handle what can be a daunting experience with confidence. It explains what to expect when seeking legal advice and how to get value for money. It gives consumers step by step guidance based on eight considerations: Do I need a legal adviser? What kinds of legal adviser are there? How do I find legal advisers? How should I approach an adviser? What should I do when I meet an adviser? How should I compare advisers? What should I expect from an adviser? What can I do if I am unhappy with my adviser?

Country/Regional Focus: UK

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29 November 2006
© Department for Constitutional Affairs (National)

December 1, 2006 in Advice, Legal, UK | Permalink | Comments (0)

Acas gives companies free 'Happy Christmas Party' advice

Christmas is a happy time - or is it? People can get overexcited and may act out of character. We've all heard the story about employees photocopying certain parts of their anatomy on the office photocopier. But what can an employer do about it? Many organisations find themselves with problems on their hands over the Christmas period, particularly the fall-out from the office party. And the answers are not always as simple as managers may think. By thinking about potential problems now and preparing, companies can help make it a happy Christmas for managers and staff and minimise the risk of employment tribunal claims. Acas' helpline gets hundreds of calls every Christmas from organisations with problems - here are some we prepared earlier.

Country/Regional Focus: UK

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24 November 2006
© ACAS

November 27, 2006 in Legal, UK, Work | Permalink | Comments (0)

More support centres for victims of sexual violence

Victims of sexual violence will have greater access to immediate medical assistance and support thanks to over £600,000 funding for new specialist support centres, Home Office Minister Vernon Coaker announced today. Sexual Assault Referral Centres (SARCs) are a one-stop location where victims can access support and health services, and undergo a forensic examination to contribute to a police investigation. There are currently 15 SARCs and a further six under development, with the support of Home Office funding from 2005-06. Today's funding will bring the total to 30 across England and Wales by April 2008. Vernon Coaker said: 'Sexual violence and abuse are some of the most damaging crimes and the standard of care and support a victim receives after an attack can be vital to their long-term recovery. Expanding the network of SARCs across England and Wales means that victims of sexual assaults can receive immediate medical help and counselling. Victims also have the opportunity to participate in the forensic examination process - vital in many sexual assault prosecutions - or provide evidence anonymously. The Government is committed to tackling sexual violence and tomorrow is International End Violence Against Women Day. We are currently working across Government on a range of proposals aimed at improving convictions in rape cases.

We are also rolling out a network of new advisors whose job it will be to ensure that victims' needs and safety are the top priority for all agencies within and outside the criminal justice process.Putting the needs of victims at the heart of the criminal justice system and improving the standard of care and support available to victims of sexual violence and abuse will result in more people having the confidence to come forward knowing that they will be dealt will professionally and with empathy, but also bring more perpetrators to justice.'

Country/Regional Focus: UK

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24 November 2006
© Home Office (National)

November 24, 2006 in Environment, Legal, Social Issues, UK | Permalink | Comments (0)

Important changes made to criminal means testing

Vera Baird QC MP, the Legal Aid Minister, today announced important changes to the new means test for legal aid in the Magistrates' Court. The new means test was introduced on 2 October 2006 and about 60,000 representation orders have been granted. However, in some areas there have been concerns as to how means testing is operating. The changes aim to address these concerns. They will: guarantee that representation orders will start from the date a complete form is first submitted; improve the Early Cover Scheme; provide greater flexibility around a partner's signature; improve application forms. Legal Aid Minister, Vera Baird, said: 'It is to the benefit of everyone, not least the client, that where a case can appropriately be dealt with at first hearing that it happens. This is a central part of the Government's aims to streamline criminal justice. It is therefore important that solicitors are prepared to represent clients at the first hearing and part of that is providing the necessary incentive. I want to avoid problems with payment for solicitors who represent clients at a first hearing, before a decision has been made on their legal aid application. They can get stuck without payment, if the form is rejected because of a technical error, and the case has ended. From 11th December this will not happen. In that situation, where a defendant qualifies for legal aid, the solicitor will be guaranteed payment from the date when the court received the original form. I would like this change to be brought in today but guidance has to go out to ensure that it works properly.'

Country/Regional Focus: UK

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23 November 2006
© Department for Constitutional Affairs

November 24, 2006 in Legal, Social Issues, UK | Permalink | Comments (0)

Licensing Act one year on - "early days but encouraging signs" - Woodward

There are encouraging signs that new licensing laws are having a positive impact in England and Wales, Licensing Minister Shaun Woodward said today on the eve of the first anniversary of their introduction. But he stressed that it is too early to reach firm conclusions and that the Government will continue to monitor their effect over the coming months and years. Mr Woodward commented as the Department for Culture, Media and Sport published estimates based on a survey of licensing authorities in England and Wales. While only indicative, the survey suggests: There are more than 200,000 premises licences and certificates in place. Around 3,000 of these are 24 hour licences - less than two per cent of the total. There is no evidence of a move to a new standard closing time - approximately one fifth of pubs, bars and clubs close by 11pm at the latest, roughly a half by midnight and around four fifths by 1am at the latest. There have been around 600 completed licensing reviews, and approximately 100 licences have been revoked as a result.

Country/Regional Focus: UK

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23 November 2006
© Department for Culture, Media And Sport (National)

November 24, 2006 in Legal, UK | Permalink | Comments (0)

Colleges and learning providers ready to face skills challenges ahead: Further Education and Training Bill published today

A new power for Further Education (FE) Institutions to award Foundation Degrees and an improved intervention regime for underperforming colleges are just two of the provisions to be introduced in the Further Education and Training Bill, announced today by Education Secretary Alan Johnson. The Bill provides the sector with added flexibility and less bureaucracy as it moves to widen participation in FE among young people and adults and upskill the workforce, to address the nation's need for improved productivity. This need was outlined by Lord Leitch in his interim review of the nation's skills needs up to 2020 found that the UK lags behind its international competitors, ranked 24th out of 29 developed nations for the proportion of young people staying on in education or training after the age of 16. The number of adults in the workforce without the skills needed to succeed in a modern economy is also high: the UK is ranked 17th out of 30 countries. At the same time, nations such as India and China are rapidly improving their skills base. The new arrangements will allow FE institutions to apply for powers to award their own Foundation Degrees and enables the Privy Council to grant an FE institution the power to award Foundation Degrees. This will mean that more students will benefit from the opportunities created by Foundation Degrees, while FE institutions will be able to respond more quickly to employers needs.

An effective intervention regime will be established where provision is unsatisfactory or not improving by transferring the Secretary of State's powers of intervention to the Learning and Skills Council (LSC) including the power to direct a college to remove principals and senior post holders. The Bill concentrates on enabling FE institutions to maintain control over their own provision. It will enable them to provide better support for the development of skills and oversee the development of sector skills. It sees the streamlining and restructuring of the LSC by removing the 47 local LSCs and creating 9 regional councils; reducing the minimum size of the National Council; and removing its current duty to establish committees so allowing the LSC to establish committees as it sees fit.

Country/Regional Focus: England

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21 November 2006
© Department for Education And Skills (National)

November 22, 2006 in Communities, Education, Legal | Permalink | Comments (0)

Fall in homicides and firearms offences

Homicides in Scotland fell last year to their lowest level since 1990-91. New figures released today show there was a 32 per cent fall in the number of homicide victims up to March this year, compared with 2004-5. Justice Minister Cathy Jamieson said the fall as further evidence that Scotland is becoming a safer place to live and work - but warned that there was still a long way to go to achieve the kind of year-on-year reductions needed to turn around Scotland's 'booze and blades' culture. The National Statistics publications, 'Homicide in Scotland 2005/06' and 'Recorded Crimes and Offences involving firearms, Scotland 2005/06' show that: there were 93 victims of homicide last year, 44 fewer than 2004/05; use of a blade as a method of killing decreased by more than half, with 34 victims last year compared to 72 in 2004/05; the number of offences in which a firearm was allegedly used decreased by six per cent, while the number of offences in which a firearm was fired and killed or caused injury dropped by nearly 40 per cent from 342 to 197. Ms Jamieson said:' We know that crime in Scotland is falling. Figures released in September showed that serious violent crime was at its lowest level since devolution. Now homicide statistics for the year to March are at their lowest level for 15 years. There has also been a dramatic fall in fatal stabbings, and the number of people killed or injured by firearms has fallen by nearly 40 per cent.'

Country/Regional Focus: Scotland

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21 November 2006
© Scottish Executive

November 22, 2006 in Legal, Scotland, Social Issues | Permalink | Comments (0)

Infidelity no excuse for murder - Harriet Harman

As painful as it is to find out your wife or husband is having an affair, the indiscretion does not mean they should be killed. Constitutional Affairs Minister Rt Hon Harriet Harman QC MP is concerned that the defence of infidelity provides a means by which men and women who kill their spouses can avoid a charge of murder, facing a lesser charge. Harriet Harman today visits Edinburgh Women's Aid. She will discuss infidelity homicide with Lord Advocate Elish Angiolini QC. Harriet Harman said: 'There is no place in the 21st Century for a man or woman who has killed their partner to escape a murder charge by blaming them for having an affair. We want to tackle the culture of excuses around domestic violence. However painful infidelity is, nothing justifies a resort to violence, let alone killing. Domestic violence is never excusable. We must protect victims of domestic violence - yet the infidelity defence allows the accused to blame the victim.' In 2004/2005, there were 139 cases of domestic homicide in England and Wales, 103 victims were women and 36 were men.

Country/Regional Focus: UK

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17 November 2006
© Department for Constitutional Affairs (National)

November 20, 2006 in Legal, Social Issues, UK | Permalink | Comments (0)

ABCUL welcomes ippr proposals on Savings Gateway

ABCUL has welcomed a report from the Institute for Public Policy Research (ippr) which calls for the Savings Gateway scheme to be extended and offered by local community organisations including credit unions. In The Savings Gateway, from Principles to Practice, the ippr calls for a matched savings scheme, which has been successfully piloted, to be rolled out nationally. It is proposed that benefit recipients should have their savings matched by 50p for every £1 saved. Eight out of ten people who took part in the pilot schemes described themselves as saving regularly at the end, compared to less than one in five at the start. The report shows that people living on a low income often don’t trust banks and building societies, so the accounts need to be delivered by local community organisations, like housing associations and credit unions, which command greater levels of trust among this group. Three out of four participants in the Savings Gateway pilot schemes said it was important to them to be able to open an account through a local organisation. Four out of ten liked the fact that they did not have to deal directly with a bank or building society.

Country/Regional Focus: UK

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13 November 2006
© ABCUL

November 15, 2006 in Communities, Finance, Legal, UK | Permalink | Comments (0)

Animal Welfare Act receives Royal Assent

The most important piece of animal welfare legislation for nearly a century received Royal Assent today. By updating and bringing together more than 20 pieces of animal welfare legislation relating to farmed and non-farmed animals, the Animal Welfare Act 2006 will: introduce a 'duty of care' on people to ensure the needs of any animal for which they are responsible; create a new offence of failing to provide for the needs of an animal in your care; allow action to protect animals to be taken much earlier.- rather than have to wait for an animal to show the signs of suffering, enforcers will be able to intervene before suffering begins; place more emphasis on owners and keepers who will need to understand their responsibilities and take all reasonable steps to provide for the needs of their animals. Animal Health Minister Ben Bradshaw said : 'The most fundamental piece of animal welfare legislation for nearly a century has now passed into law. The Government believes that by extending the duty of care to non-farmed animals, it will reduce animal suffering in this country. This is the culmination of several years work during which the government has worked closely with stakeholders. The result is legislation of which we can all be rightly proud.'

Country/Regional Focus: UK

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08 November 2006
© epartment for Environment, Food And Rural Affairs

November 13, 2006 in Health, Legal, UK | Permalink | Comments (0)

Making sure crime doesn't pay

New proposals published today aim to prevent criminals profiting from the sale of their crime stories. The UK-wide consultation published today sets out a range of possible options for tackling this problem such as creating a new criminal offence; introducing a new civil scheme for recovery of profits or extending the self-regulatory approach. Justice Minister Cathy Jamieson said: 'Convicted criminals should not be allowed to profit from their crimes by selling stories of their evil exploits. Let's not forget that these crimes have victims, have been carried out at the expense of the law abiding public and have often caused considerable misery in hard-hit communities. We cannot allow selfish criminals to make further profit on the back of this misery - or hold themselves up as false figureheads for impressionable youngsters. Crime in Scotland is falling and violent crime is at its lowest since devolution. We are already hitting criminals in the pocket through the Proceeds of Crime Act. Already over £10 million of their ill-gotten gains has been seized. We now want to build on that by stopping them from reaping any rewards from telling the story of their crimes. That's why we are working with colleagues in the rest of the UK to seek views on how best to prevent convicted criminals from profiting from books or articles about their crimes.'

Country/Regional Focus: Scotland

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10 November 2006
© Scottish Executive

November 13, 2006 in Legal, Scotland, Social Issues | Permalink | Comments (0)

Charity Commission celebrates new Charities Act

Statement from Dame Suzi Leather, Chair of the Charity Commission. After nearly two years going through Parliament, the Charities Bill has gained Royal Assent and becomes the Charities Act 2006. Suzi Leather, Chair of the Charity Commission said, 'It's a wonderful feeling to be welcoming the Charities Act 2006 at last. It offers charities of all hues and sizes greater freedom and flexibility to respond to the very real changes in society. It will enhance both charities and the Commission's accountability and independence, which will help increase public trust and confidence. Reducing the burden of regulation for tens of thousands of smaller charities, improving the Commission's own governance structures, reinforcing the requirement that all charities should deliver public benefit - all these add up to a new framework for the sector which keeps charities at the very heart of society.'

Country/Regional Focus: UK

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08 November 2006
© Charities Commission

November 10, 2006 in Charities, Legal, UK | Permalink | Comments (0)

Ethical questions over police use of DNA

A consultation launched today by the Nuffield Council on Bioethics questions whether current laws allowing police to take, store and analyse the DNA of suspects, witnesses and victims should be revised. The Council's study coincides with the Prime Minister, Tony Blair, advocating no restrictions on the number of DNA profiles held on the National DNA Database. The police in England and Wales have powers, unrivalled internationally, to take a DNA sample from any arrested individual, without their consent. The DNA profile is then stored on the National DNA Database indefinitely, whether the person is charged or not. The police use the database to search for matches to DNA found at crime scenes. It is predicted that under present laws, 25% of the male population and 7% of the female population will soon be on the database. The Prime Minister has said he wants to see the maximum number of people on the database to help fight crime.

'We want to hear the public's views on whether storing the DNA profiles of victims and suspects who are later not charged or acquitted is justified by the need to fight crime,' said Professor Sir Bob Hepple QC, Chairman of the Nuffield Council on Bioethics. 'Certain groups such as young males and ethnic minorities are over-represented on the database, and the Council will be asking whether this potential for bias in law enforcement is acceptable.' Victims and witnesses, including children, are often asked to volunteer a DNA sample to help the police in their inquiries. As they may feel pressured to comply so as not to raise suspicion, the 'voluntary' nature of giving samples in this way is debatable. Some also question whether children should be in the database at all. In December 2005, there were over 24,000 under 18s on the database who had not been charged or cautioned for any offence.

Country/Regional Focus: UK

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01 November 2006
© Nuffield Council on Bioethics

November 8, 2006 in Democracy, Legal, UK | Permalink | Comments (0)

Prison population at record high

Scotland's prison population has yet again reached record levels, according to Her Majesty's Chief Inspector of Prisons' annual report published today. Dr Andrew McLellan's report, covering the period April 1, 2005 - March 31, 2006, identifies 'nine evils' of overcrowding: Prison staff have less time to deal with vulnerable prisoners; It increases the availability of drugs since there are more people who want drugs and prison staff have less time to search; It increases the likelihood of cell sharing; It increases noise and tension; Prisoners have less access to staff and staff have less time for prisoners; Resources are more stretched; Facilities, such as the laundry and the kitchen, are stretched; Prisoners spend more time in cell; Family contact and visits are restricted.

Country/Regional Focus: Scotland

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01 November 2006
© Scottish Executive

November 3, 2006 in Legal, Scotland, Social Issues | Permalink | Comments (0)

VIA to support religious crime victims

The Solicitor General, John Beckett QC, today announced that the Crown Office's Victim Information and Advice (VIA) service is to receive automatic referrals in all cases where an offence against an individual is alleged to have been aggravated by religious prejudice. The decision comes following an internal review by COPFS of the experiences of prosecuting under Section 74 of the Criminal Justice (Scotland) Act 2003. Mr Beckett said: 'VIA was introduced into the Scottish prosecution system because we recognised that the criminal justice system can be a bewildering and even frightening experience for victims and vulnerable witnesses. The support and information provided by VIA staff can help remove that element of the unknown which makes the experience all the more difficult. Victims of any type of crime may be referred to VIA where it is felt that additional support may be of benefit. Expanding the remit of VIA to automatically include individual victims of religiously aggravated crime, recognises that these type of offences can have a particularly negative impact on victims.' Section 74 came into force on 27 June 2003, and provides that where an offence has been proved to be aggravated by religious prejudice the court must take that aggravation into account in determining the appropriate sentence. In the light of research conducted by the Scottish Executive, and experience of prosecuting this type of crime, it has been decided that where individual victims are clearly identified such cases should be referred to VIA.

Country/Regional Focus: Scotland

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01 October 2006
© Scottish Executive

November 3, 2006 in Equality, Legal, Scotland, Social Issues | Permalink | Comments (0)

Management of re-offenders

Historic figures out today on offenders' reconvictions prove Ministers were right to drive forward major reform of the offender management system in Scotland, according to Justice Minister Cathy Jamieson. The figures show that 45 per cent of offenders discharged from prison or given a non-custodial sentence in 2002-03 were reconvicted within two years - an increase in comparison with a similar analysis in the late 1990s. Ministers made the case for change three years ago highlighting Scotland's poor re-offending rates in a consultation - and subsequently in the 2004 Criminal Justice Plan. Ms Jamieson pointed to three major initiatives since then, designed to tackle the long-standing problem: New legislation and offender management arrangements brought in through the Management of Offenders (Scotland) Act 2005; Legislation to end the unconditional early release of prisoners from jail and replace it with a regime that ensures that all offenders released from prison are placed on licence; Increases in the range of effective community sentences available to the courts, while delivering investment in the prison estate to tackle conditions and overcrowding.

Country/Regional Focus: Scotland

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31 October 2006
© Scottish Executive

November 1, 2006 in Legal, Scotland, Social Issues | Permalink | Comments (0)

More Public Defence Solicitors Offices announced

Access to legal aid is to be further increased by a trebling of the number of Public Defence Solicitors Offices (PDSO's) in Scotland. Deputy Justice Minister Hugh Henry today announced that a further six offices are to be set up throughout Scotland in addition to the three existing offices in Edinburgh, Glasgow and Inverness. The new locations are Dundee, Aberdeen, Falkirk, Ayr, Dumfries and Kirkwall. PDSOs offer a different way of providing criminal legal aid with solicitors directly employed by the Scottish Legal Aid Board. Hugh Henry said: 'The Executive is committed to providing access to justice for all. We want to modernise legal aid by developing more choice for people needing legal advice and assistance. We believe that publicly funded criminal legal assistance in Scotland is best delivered by a mix of salaried legal professionals and those in private practice.

The Public Defence Solicitors Offices play a vital role in widening the range of choices available to accused persons. Already the PDSO's in Edinburgh, Glasgow and Inverness are increasing access to legal aid in those areas. However, I recognise that there are other parts of Scotland where there may be limited competition for publicly funded criminal legal advice. We have therefore decided to open new PDSOs in some areas to provide an additional element of competition. The PDSO service can also help deal with gaps in the provision of criminal legal services. The opening of a PDSO office in Kirkwall is an example of this.'

Country/Regional Focus: Scotland

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20 October 2006
© Scottish Executive

October 23, 2006 in Legal, Scotland | Permalink | Comments (0)

TUC backs Law Society compensation proposals

Commenting on 'Fast and Fair', the report from the Law Society published today (Friday) which suggests changes to the UK's compensation system to make it faster, fairer and more efficient, TUC General Secretary Brendan Barber said: 'This report is a thoughtful and constructive contribution to the debate on the future of compensation in personal injury cases. The proposals put the victim at the centre of the process and stress the need for both speed and fairness. Many of the Law Society's proposals reinforce those published by the TUC earlier this year.' The TUC is keen to see the costs of personal injury claims kept to a minimum for employers, insurers and the state, whilst making it easier and quicker for injured or ill workers to access the compensation to which they are entitled.

Country/Regional Focus: UK

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12 October 2006
© TUC

October 16, 2006 in Legal, UK | Permalink | Comments (0)

Get police back on the beat by using business partners for administration and support - CBI

Thousands of bobbies could be back on the beat if police forces used private sector expertise to streamline their administration and support services, according to a new report from the CBI published today (Friday). It says that in custody services alone, using new providers to undertake specialist tasks could enable more than 4,000 police officers across England and Wales to be in the community rather than behind desks dealing with paperwork. The CBI report, Better policing through partnership: working together for a safer community, suggests that reforms to back office functions and greater use of innovative techniques across the police service could both free up resources and raise security standards. It shows that police forces that have already created partnerships with independent providers are operating more effectively and giving better support to police on the frontline.

The business group has outlined recommendations for improving police effectiveness, including the removal of legislative barriers that prevent the 'civilianisation' of duties, where trained staff undertake functions previously restricted to police officers. It says there should be a review of which roles require warranted officers, and which could be done by well-managed and monitored civilian staff trained to undertake specific tasks. The report points to examples of good practice in contracts for offender transportation, database management, IT services, custody suite management and security services.

Country/Regional Focus: UK

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06 October 2006
© CBI

October 13, 2006 in Business, Legal, Partnerships, UK | Permalink | Comments (0)

Get Safe Online research reveals people fear online crime more than mugging or burglary

Fear of internet crime is on the increase, according to Get Safe Online's second annual report. At the start of Get Safe Online Week, the report, which was released today, reveals 21% of people think e-crime is the type of crime they are most likely to encounter, up from 17% last year, and they fear it more than mugging, car theft and burglary.

The new research from www.getsafeonline.org suggests growing fear of internet crime is deterring the public from using the internet for everyday activities. Nearly a quarter (24%) are too concerned to bank online, nearly a fifth (18%) won't shop online and one in six (17%) are so concerned they have been put off logging on all together. Nearly three quarters of (72%) those questioned for this year's report said they needed more information to arm themselves against online threats and 40% are still not sure where to seek advice. Last year's roadshow campaign resulted in an increase of nearly 30% in the public ensuring they were more secure online and the Get Safe Online want to build on this.

Country/Regional Focus: UK
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09 October 2006
© Get Safe Online

October 12, 2006 in ICT, Legal, Research, UK | Permalink | Comments (0)

Animal welfare law strengthened

People who abuse animals will face stiffer penalties under the Animal Health and Welfare (Scotland) Act 2006, which comes into force today. It means that people who cause unnecessary suffering to animals could face 12 months in jail and fines of up to £20,000. The Act introduces a duty of care on everyone responsible for animals, obliging them to meet animals' basic welfare needs. It bans using animals as prizes or selling animals to people under 16, and supports the response to serious outbreaks of animal disease. Animal Health and Welfare Minister Ross Finnie said: 'Abuse of animals is undeniably wrong. This Act updates outdated legislation some of which is nearly 100 years old, to give significant new protection to the welfare of pets and captive animals. I want to help end animal suffering in Scotland. For the first time, Inspectors can now take pre-emptive action to remove an animal from situations in which it is likely to suffer, a significant step forward in preventing abuse.

We now have modern laws that will make a significant difference to animal health and welfare in Scotland.' Leonora Merry of the Scottish Society for the Prevention of Cruelty to Animals, said: 'Today is a historic day for animal welfare in Scotland. This Act represents the culmination of many years of work by the SSPCA and the Scottish Executive. For the first time ever, our Inspectors will be able to actively step in and relieve an animal in distress before it begins to suffer. We have finally brought animal welfare legislation into the 21st century. This Act should serve us well.'

Country/Regional Focus: Scotland

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06 October 2006
© Scottish Executive

October 9, 2006 in Health, Legal, Scotland | Permalink | Comments (0)

See you outside Court: National Campaign launched to promote Mediation

A national campaign to resolve more disputes out of court was launched today by Civil Justice Minister Cathy Ashton at the Civil Mediation Council conference in Birmingham. Running from 9 - 13 October, National Mediation Week promotes mediation as a more flexible, speedy and cost effective dispute resolution process than court for a variety of cases through a series of events around the country. In addition to a less hostile environment in which parties can discuss their issues, mediation also allows for more flexible outcomes than are available to a judge - for example donations to charity, an apology or a mutually agreed settlement.

Mediation is also a speedier process than a full court hearing. Most mediation-resolved civil disputes, such as small claims, take around five weeks from the claim being lodged, whereas to take a claim to a full court hearing takes an average of 13 weeks. Launching the campaign Cathy Ashton said: 'Mediation can be summed up as helping people to have difficult conversations. It is increasingly having a positive bearing on people's lives in resolving a whole range of disputes - from unsociable neighbours to unscrupulous landlords, from individual small claims to large scale commercial disputes, from divisions of property after relationship break-ups to sensitive decisions on childcare.'

Country/Regional Focus: UK

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03 October 2006
© HM Courts Service (National)

October 4, 2006 in Legal, UK | Permalink | Comments (0)

Acas warns employers not to ignore rights of younger workers as Age Discrimination Act comes into force

Acas, Britain's leading employment organisation, has warned businesses that ageism is not exclusive to the older generation. From 1 October, the Age Discrimination regulations make it unlawful to discriminate against employees because of their age. There is a risk that employers may be focusing solely on how it affects their older employees. Acas Chair Rita Donaghy said: "It's easy to forget that age discrimination can affect all employees, from the youngest to the oldest. Rightly, there has been a lot of publicity about older workers - but we shouldn't forget that the new legislation will require employers to change their behaviour towards the younger generation as well. It is equally unacceptable to describe someone as being 'wet behind the ears' as it is to call them 'over the hill'".
Country/Regional Focus: UK

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01 October 2006
© Acas

October 3, 2006 in Legal, UK | Permalink | Comments (0)

Regulation simplified as HSE becomes sole electricity safety watchdog

The Health and Safety Executive (HSE) is to become the sole regulator for all safety issues associated with electricity transmission and distribution, following transfer of part of the Department for Trade and Industry (DTI) Engineering Inspectorate. The move will implement a recommendation made in last year's Hampton report on regulation (see Notes to editors). HSE will become the thematic regulator dealing with both employee and public safety within this sector. Industry stakeholders have already been consulted and agree that a single regulator for safety matters would be advantageous. Welcoming the move Lord Hunt of Kings Heath, minister for health and safety said, "The transfer shows the continuing commitment to the principles of better regulation set out in last years Hampton report, it ensures that safety remains paramount whilst simplifying matters for industry by ensuring that there will now be only one safety regulator to report incidents or injuries to."
Country/Regional Focus: UK

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02 October 2006
© GNN

October 3, 2006 in