Weekly update: Gaza pardon, Covid-19 investigation continues, disputes over Niger Delta oil spill continues

In the News

Fighting in Gaza ceased over the weekend, and Hamas and Israel agreed to a four-day temporary pardon. Twenty-six hostages were released through Hamas and 39 Palestinians held in pre-trial detention were allowed to return to the West Bank. Under the terms of the Qatar-brokered deal, the parties are expected to exchange a total of 50 Israeli hostages and 150 Palestinian detainees. The temporary pause in fighting has also allowed much-needed humanitarian aid and fuel to reach the Gaza Strip.

The Covid-19 Inquiry heard evidence this week from Sir Patrick Vallance (former Government Chief Scientific Adviser), Professor Sir Chris Whitty (Chief Medical Officer for England) and Professor Sir Jonathan Van-Tam (former Deputy Chief Medical Officer for England). In his statement, Sir Patrick Vallance said the Government’s scientific advisers were not consulted on Rishi Sunak’s Eat Out to Help Out scheme and ‘didn’t see it before it was announced.’ This undermines written comments made by Rishi Sunak to the Inquiry, where he said that no one raised concerns with him about the policy. Meanwhile, Sir Chris Whitty said in March 2020, ministers mistakenly understood ‘herd immunity’ to be a government policy objective, and he tried to stop the idea from being discussed publicly because herd immunity would have been ‘inconceivable.’ The inquiry will hear further evidence this coming week. 

Meanwhile, Ian Fry, the UN Special Rapporteur on the promotion and coverage of human rights in the context of climate change, recently condemned the criminal sentences imposed on two Just Stop Oil protesters who scaled a bridge at Dartford Crossing last October. sentenced to two and three years’ imprisonment for disorderly conduct and denied leave to appeal to the Supreme Court on the grounds that their sentences served the “legitimate aim” of deterring others from committing similar offences. Ian Fry raised considerations about the length of sentences handed down to activists and the political repercussions those sentences may have on activists, expressing considerations about the environmental crisis “and the effects of climate change on human rights and future generations. “Fry said the new public order law is a “direct attack on the right to freedom of nonviolent assembly. ” There has been no reaction from the government.

In News

The Information Commissioner’s Office (ICO) said this week that some corporations do not offer users a “fair choice” when it comes to using cookies. Cookies are small files that are stored on your computer and collect analytical knowledge about the use of the online site. . They are used to personalize classified ads based on the user’s browsing history. The law regulating the use of cookies (the Privacy and Electronic Communications Regulations) will be amended by the Data Protection and Digital Information Bill, which is scheduled for its third reading in the House of Commons on November 29, 2023. Under the proposed reforms, some data (intended to improve the service or security of the online page) will be collected without consent, resulting in fewer “pop-ups” asking for user consent for cookies. The ICO has not yet named the corporations it believes are not following existing guidance, but it will provide an update in January.

Meanwhile, the National Review of Health and Social Welfare in Women’s Prisons was released this week. Established in 2021, the review aims to improve fitness and social coverage outcomes for women in prison and after their release. In England, the study found that health care for female offenders was “inconsistent” and not “gender-specific” or sensitive for women with protected characteristics. It suggests that “structural improvements” should be made to the entire women’s cadre.

Finally, this week also saw the release of the independent review into Lancashire Police’s handling of Nicola Bulley’s death. Ms Bulley disappeared in January and was discovered 3 weeks after her disappearance in the River Wyre. Among other findings, the report says Lancashire Police have been more willing to communicate sensitive medical information about Bulley in a more “carefully crafted” way.

in court

The “Bille Group Dispute”

In Independent Workers Union of Great Britain (“IWGB”) v Central Arbitration Committee (“CAC”) and another [2023] UKSC 43 the Supreme Court held that Deliveroo drivers are not in an employed relationship for the purposes of Article 11 ECHR (freedom of assembly and association). The case concerned Deliveroo riders in London who became members of the IWGB and sought formal recognition of the Union by Deliveroo for collective bargaining on behalf of Deliveroo drivers in Camden and Kentish Town. The Supreme Court stated that the right to form a trade union arises in the context of an employment relationship. Applying this to the facts of the case, the CAC rightly found there was no employment relationship between Deliveroo and its riders, as the riders can appoint a substitute to take their job, can work or not as convenient to them, and are not prevented from working for Deliveroo’s competitors. Thus, in this case, the riders are unable to rely on the trade union rights conferred by Article 11. The appeal was dismissed. 

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