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The Committee's report examines the causes of deaths in custody, and considers what may be done to prevent these deaths, and better protect the right to life and other human rights, of vulnerable people held in the custody of the state. Issues discussed include: human rights standards applicable under the European Convention on Human Rights; the scale of the problem and concerns relating to the wider penal system in which these deaths occur, including the issue of overcrowding in prisons and sentencing practice; risk assessment and management, including reception in police custody, immigration detention and the provision of physical and mental healthcare in detention; the use of physical restraint and seclusion; staffing and training issues; investigations into deaths in custody and inquiries. Recommendations include the establishment of a cross-departmental expert task-force on deaths in custody to monitor the topic, review good practice standards, publish information and to make recommendations to Government.
Deaths in Custody : Third report of session 2004-05, Vol. 2: Oral and written Evidence
In the UK's institutional arrangements for protecting human rights, both Parliament and the judiciary have a central role. When the courts give a judgement finding that a law, policy or practice is in breach of human rights, it is for Parliament to scrutinise the adequacy of the Government's response and in some cases decide if there needs to be a change in law. An important part of the role of the Committee is to help Parliament in this function. This report brings together all their monitoring work in relation to both judgements of the European Court of Human Rights and declarations of incompatibility given by UK courts under the Human Rights Act.
In this report the Committee describes and explains the full range of its work over the course of the 2001-2005 Parliament. The Committee distils from its experience a number of suggestions for consideration by its successor committee and recommendations addressed to the Government, in order to enhance the integration of human rights considerations into the overall policy and legislative process. Chapter 2 explains the background to the Committee's establishment. Chapter 3 covers the legislative scrutiny performed by the Committee. The monitoring of the implementation of the Human Rights Act is the subject of chapter 4, while chapter 5 covers work in relation to institutional support for human rights within the UK. The inquiries into the international treaties to which the UK is a party are dealt with in chapter 6, including the Convention on the Rights of the Child, the International Covenant on Economic Social and Cultural Rights, and the Convention on the Elimination of Racial Discrimination. The final chapter describes the work undertaken on monitoring action taken by the Government in response to incompatibilities with Convention rights, arising from Strasbourg judgments and declarations of incompatibility by UK courts.
Presents a report on aspects of the Government's counter-terrorism strategy since the 2005 election. This book draws attention to criticisms of the UK's counter-terrorism law and policy in various reports by the Parliamentary Assembly of the Council of Europe, and the UN Human Rights Committee. HC 1077.
Examines the Counter-Terrorism Bill before its second reading in the House of Commons. This title concentrates on five significant human rights issues needing thorough parliamentary scrutiny: pre-charge detention; post-charge questioning; control orders and special advocates; the threshold test for charging; and the admissibility of intercept.
On 30th January 2008 the Home Secretary laid before both Houses of Parliament a draft Order to renew the control order legislation, the third annual extension of the control order regime. The Government takes the view that no amendments to the legal framework are necessary. The Committee disagrees and considers it imperative for the Government to amend counter-terrorism laws where experience has shown them to lead to breaches of human rights. Amongst their recommendations are: ensurance of timely availability of Lord Carlile's annual report on the control orders; the need to strengthen the intrusive powers contained in the control orders; modification of the Prevention of Terrorism Act to impose a maximum daily limit 12 hours on the curfew which can be imposed; review of the fairness of the special advocate procedure and a need to take into account the Committee's own earlier recommendations concerning this; maintaining the preferred policy of priority of prosecution; and greater transparency of decisions that prosecution is not possible.
In addition to the scrutiny of Bills and policy documents the Committee also examines other areas where there are concerns about human rights. In this report it looks at how the principles of human rights can be applied to older people in hospitals and care homes to ensure they are treated with greater dignity and respect. It looks first at the current position before covering: the leadership of the Department of Health; the implementation of the Human Rights Act by service providers; health and social care inspectorates and NICE; the role of staff in protecting human rights; and empowering older people. It finds that, although there are examples of excellent care, there are concerns about poor treatment, neglect, abuse, discrimination and ill-considered discharge. There is a significant difference between the "duty to provide" under care standards legislation and the "right to receive" under human rights legislation and the culture needs to change. The Committee recommends legislation and a role for the Commission for Equality and Human Rights. It also recommends measures to strengthen human rights obligations and duties, including better guidance and standards, and bringing private and voluntary care homes into the scope of the Human Rights Act.
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In 2004, the Government announced 110 Public Service Agreement (PSA) targets for 17 Departments covering the period 2005-08. PSA targets express the priority outcomes that Departments are seeking to achieve nationally and internationally, and cover key aspects of the Government's social, economic and environmental policy. Large sums of public money are devoted to the programmes designed to deliver them. This NAO report summarises the results of its examination of the data systems used by twelve government departments to monitor and report progress against their 2005-08 PSA targets, covering a total of 237 data systems. Overall Departments have successfully taken steps to improve the quality of their data systems. There are still improvements that can be made to increase the relevance and reliability of data used in the reporting process. The NAO makes a number of recommendations on specification of data systems, their operation, and the reporting of data. A companion volume (HCP 22-II, session 2006-07, ISBN 9780102951622) is available separately which contains the NAO's detailed findings.