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This paper contains the draft Terrorist Asset-Freezing Bill, explanatory notes and an impact statement. The purpose of the Bill is to give effect to resolution 1373 (2001) adopted by the Security Council of the United Nations on 28 September 2001 relating to terrorism and resolution 1452 (2002) adopted on 20 December 2002 relating to humanitarian exemptions. Resolution 1373 includes a requirement that member states must (a) prevent the financing of terrorist acts, including the freezing of funds and economic resources of persons who commit or attempt to commit, terrorist acts or participate in or facilitate such acts, and (b) prohibit their nationals and those within their territories from making funds, financial services or economic resources available to such persons. Resolution 1452 introduces exemptions to permit payments necessary to meet basic humanitarian needs (such as payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, public utility charges and legal fees and expenses).
The Act under review gives the Treasury power to freeze the assets of individuals and groups thought to be involved in terrorism, whether in the UK or abroad, and to deprive them of access to financial resources. It implements UN Security Council Resolution 1373 and is one of a number of measures at the Government's disposal for preventing the financing of terrorism. At the end of the review period in September 2011: 30 individuals and 8 groups were designated by the Treasury under the Act. This is much reduced from the figure in previous years, owing largely to the removal of duplicate designations. Each of the designated groups had been listed since 2001, as had some of the designated individuals. No individual or group was designated during the review period. No individual or group associated with Northern Ireland was designated, despite continuing terrorist activity there. The prohibitions in the Act applied also to 22 individuals and 25 groups listed by the EU under Regulation 2580/2001. The total quantity of assets frozen, taking the Treasury and EU lists together, was some £100,000. Many of those designated had few if any assets in the United Kingdom. These and other facts make TAFA 2010 is an ancillary rather than a central part of the fight against terrorism. A number of conclusions and recommendations are set out in sections 10 and 11
This book considers some of the most notable aspects of the legal response to the "war on terror" post- 9/11 and the use of technology to support them. It examines the shift from a criminal justice response to the creation of a parallel preventive system running in tandem with it. This system has tended to veer away from the commission of criminal offences or adherence to ordinary criminal justice safeguards. Such a preventive strategy relies on targeting terrorist suspects – those who it is thought may in future commit terrorist acts – and curbing their actions with the aim of preventing terrorist activity before it occurs. The book further considers the role that surveillance plays in the counter-terrorist efforts of state or non-state actors. It also evaluates the counter-productive effects that many of these measures have had. This book was originally published as a special issue of International Review of Law Computers & Technology.
This report aims to identify the most significant human rights issues which are raised by the Terrorist Asset-Freezing etc. Bill and to make provisional recommendations about how the Bill could be rendered human rights compatible. The Bill is intended to put the terrorist asset-freezing regime on a permanent statutory footing. The significant issues identified by the Committee are: the breadth of the power and the legal threshold for an asset-freeze; compatibility with the right of access to court; compatibility with the right to a fair hearing; adequacy of mechanisms for parliamentary accountability; comprehensiveness of the statutory framework. The Committee makes a number of recommendations to address these issues.
A lot has happened to the UK Constitution in the last seven years. We've witnessed the UK's exit from the EU, further devolution to Scotland and Wales, a number of prominent cases by the Supreme Court, two early parliamentary general elections, major governmental defeats and two Prime Ministerial resignations. Alison Young has built on the text of Colin Turpin and Adam Tomkins' earlier edition, keeping their unique historical and contextual approach, whilst bringing the material up to date with more contemporary examples, including references to Brexit, the recent prorogation and Brexit case law, and the Covid-19 pandemic. The book continues to include substantial extracts from parliamentary and other political sources as well as from legislation and case law. It also provides a full yet accessible account of the British constitution at the culmination of a series of dramatic events, on the threshold of possible further constitutional reform.
Outlining the different types of financial crime and their impact, this book is a user-friendly, up-to-date guide to the regulatory processes, systems and legislation which exist in the UK. Each chapter has a similar structure and covers individual financial crimes including money laundering, terrorist financing, fraud, insider dealing, market abuse, bribery and corruption and finally tax avoidance and evasion. Offences are summarized and their extent is evaluated using national and international documents. Detailed assessments of financial institutions and regulatory bodies are made and the achievements of these institutions are analysed. Sentencing and policy options for different financial crimes are included and suggestions are made as to how criminal proceeds might be recovered. This second edition has been fully updated and includes a section on cybercrime and a new chapter on tax evasion. Case summaries have also been included in those chapters where a criminal justice route is used by the prosecuting authorities.
In recent years, sunset clauses have mostly been associated with emergency legislation introduced in the wake of terrorist attacks. However, as this book demonstrates, they have a long history and a substantial constitutional impact on the separation of powers and the rule of law. In addition, the constitutional value of such clauses is examined from certain neglected normative aspects pertaining to concepts such as deliberative and consensus democracy, parliamentary sovereignty and constitutional dialogue. The work is an amalgam of three perspectives: the historical, the positive and the normative. All three are intertwined and each subsequent part builds upon the findings of the previous one. The historical perspective investigates the historical development of sunset clauses since the first Parliaments in England. The positive perspective examines the legal effect and the contemporary utility of sunset clauses. Finally, the normative perspective analyses their interaction with several models of separation of powers, and their influence on the dialogue between various institutions as it values their impact on the rule of law, formal and substantive. The detailed examination of this topical subject will be a valuable resource for academics, researchers and policy makers.
This collection of essays by leading academics, lawyers, parliamentarians and parliamentary officials provides a critical assessment of the UK Parliament's two main constitutional roles-as a legislature and as the preeminent institution for calling government to account. Both functions are undergoing change and facing new challenges. Part 1 (Legislation) includes chapters on Parliament's emerging responsibilities for pre-legislative scrutiny of government Bills and for evaluating proposed legislation against explicit constitutional standards. The impact on legislation of the European Union and the growing influence of the House of Lords are also examined. Part 2 (Accountability) investigates how Parliament operates to scrutinise areas of executive action previously often shielded from effective parliamentary oversight, including national security, war-making powers and administrative justice. There are also chapters on parliamentary reform, including analysis of the House of Commons 'Wright reforms', parliamentary sovereignty, privilege and the European Convention on Human Rights, Euroscepticism, and parliamentary sovereignty and the regulation of lobbyists. The book will be of interest to anyone who is curious about the work of Parliament and is aimed at legal academics, practitioners and political scientists.