One thing you gotta do

Read our new disability terminology and language tips

To coincide with Disability History Month (November 14 – December 20), we have published guidance on common terminology relating to people with disabilities.

We want to help you understand how you can better approach people with disabilities to ensure an inclusive and respectful environment.

What you need to know

1. Data (Use and Access) Bill: peers highlight Bar concerns

Our concerns regarding Data bill (use and access) were raised several times by their peers during the second reading debate of the bill in the House of Lords on Tuesday 19 November.

The bill introduces targeted reforms to parts of the UK’s data protection and privacy framework with the aim of supporting “economic growth and modern digital government”.

At the start of the debate, Lord Bassam of Brighton (Labour) raised our concerns that significant changes could threaten the adequacy of data between the EU and the UK. He noted:

“The Law Society remains concerned about the UK’s ability to ensure we meet EU data adequacy standards…

This suggests that Article 84 deregulates the transfer of data across borders and international organizations. So can the Minister reassure us and myself that this will not put the UK at risk in the 2025 assessment of data adequacy? »

Baroness Kidron (crossbench) also mentioned us directly when she raised concerns about significant human involvement in automated decision-making.

The bill allows the Secretary of State to amend by regulation the definition of “meaningful human participation.”

We argued that this would potentially allow an expansion of the use of automated decision-making, which would impact legal certainty and effectively weaken the role of human participation which must be considered “meaningful”.

Lord Thomas of Cwmgiedd (crossbench) and Lord Bethell (Conservative) questioned the lack of provision for AI regulation.

Baroness Kidron highlighted the importance of data for AI, mentioning that “just as Britain’s coal reserves have fueled global industrial transformation, our data reserves could have an important role to play in AI transformation “.

However, the peers said they were aware of rumors that more legislation was in the works and that the government may wait to understand the general direction of the new US administration before releasing any legislation.

Several peers have expressed major concerns about the bill’s provision to abolish the office of the Information Commissioner and transfer that role to a new Information Commission. This decision aims to create a more modern regulator.

However, several peers have expressed concern that some provisions of the Bill threaten the independence of the regulator, which is a key contributor to our data adequacy status with the EU.

Lord Freyberg (crossbench) argued that “by giving the Secretary of State sweeping powers to appoint key members of the commission, the Bill threatens to compromise the fundamental independence which has long characterized our safeguarding oversight data. Such centralized political influence could seriously compromise the commission’s ability to make impartial decisions.”

The bill will now go to committee on December 3.

2. Lords pressure government on legal aid funding

Lord Bach (Labour) questioned the government on the importance of increasing funding for early advice and legal aid during a parliamentary question on Monday 18 November.

Lord Bach called on the government to reinstate early advice and reverse cuts to legal aid passed by the government in 2012.

Responding on behalf of the Government, Justice Minister Lord Ponsonby said he agreed with the sentiment behind the question, highlighted the recent £24 million increase in legal aid rates in criminal matters and said the government was working to establish an effective and sustainable legal aid system.

Viscount Hailsham (Conservative) asked whether the Government would increase the number of court sitting days to help reduce the backlog in criminal courts.

Lord Ponsonby responded that the Government was studying the matter but was still reviewing its spending allocations following last month’s Budget.

He also noted that the government was considering the idea of ​​allowing some cases to be dealt with by a Crown Court judge and two judges instead of a jury, but noted that this was an idea that came from a study carried out 20 years ago.

Finally, Lord Beith (Liberal Democrat) highlighted the growing legal aid deserts across the country and asked what was being done to address them.

Lord Ponsonby criticized the continuing decline in the number of lawyers handling criminal cases and said the Ministry of Justice and the Legal Aid Agency were working to fill and remedy legal aid deserts.

3. MP calls on government to introduce anti-SLAPP legislation

During a debate in the House of Commons on Impact of Strategic Lawsuits Against Public Participation (SLAPP) Regarding freedom of expression in the press, Lloyd Hatton (Labour) called on the government to introduce comprehensive anti-SLAPP legislation which would:

• prompt dismissal of such cases
• protects targeted individuals from prohibitive legal fees
• ensures that SLAPP filers face significant financial disincentives

Hatton used parliamentary privilege to share the ongoing SLAPP cases and highlight how press freedom is being stifled by “legal warfare.”

He noted that when “reputable media outlets decide to self-censor following legal intimidation, one can only wonder what other cases of egregious misconduct have been uncovered and then remained hidden.”

He then argued for increased tools for the SRA.

He stressed that the SRA “is not equipped with adequate tools to hold lawyers to account.

Of the 71 SLAPPs reported to the SRA over the past two years. 23 cases were closed without further action, and of the 48 remaining cases, only two were referred to a disciplinary tribunal.

He believes that at present there is no reasonable power of deterrence or fine to prevent SLAPP suits.

Sir John Whittingdale (Conservative) shared Hatton’s concerns to some extent.

He paid tribute to the strength and independence of the British justice system, adding that the reason people bring actions in the British courts is because of trust in our system.

He urged the Government to bring forward legislation similar to the private member’s bill on SLAPPs proposed at the end of the last Parliament by former Labor MP Wayne David.

Justice Minister Heidi Alexander responded on behalf of the government.

She emphasized that “SLAPP suits are an abuse of our legal system. They restrict freedom of expression, have a chilling effect on public interest journalism and pose a threat to our democracy.

he made clear that the government would not legislate during this parliamentary session, but was continuing to consider how best to tackle wider abuses of the system in the long term.

The government’s immediate plan is to focus on the implementation of the Economic Crime and Corporate Transparency Law and monitor the impact of the new civil procedure rules as they come into force.

4. The minister announced a consultation for the reform of leases

On Thursday, November 21, Housing Minister Matthew Pennycook gave a long-awaited update on the government’s plans for lease and co-ownership reform.

The statement lists seven areas for consultation in 2025, while committing the Government to publish a White Paper on Shared Ownership Reforms and the Tenancy and Shared Ownership Reform Bill by the end of the next year.

This was a lengthy statement outlining the Government’s concerns over the Leasehold and Freehold Reform Act hastily passed by the previous administration, while also giving the sector some certainty over deadlines for implementation of the law.

The minister noted that a number of provisions of the law relating to court costs came into force in July, and other building security measures were activated in October. He added:

“Much to our frustration, we will not be able to put into effect other important measures, including the new assessment process, until we have corrected the small number of specific but serious flaws in the law of 2024 through primary legislation.

Full implementation of the law will therefore take time, but it is important to get it right if we are to avoid the mistakes made by the previous government.”

On shared ownership, the Minister pledged to soon develop plans for a comprehensive new legal framework for shared ownership and to take decisive action to make shared ownership the default mandate by the end of this legislature.

The Government remains firmly committed to its manifesto commitment to tackling unregulated and unaffordable land rents and will achieve this through legislation.

Consultations are planned for early next year and will cover:

• insurance remuneration
• service fees
• evaluation rate
• ban new rental apartments
• private wealth management
• regulation of real estate agents

All of these will feed into the next Bill and influence how the Leasehold and Freehold Reform Act will be implemented.

This statement launches a broad program of work for the Department of Housing, Community and Local Government.

We will seek to contribute as much as possible on behalf of our members.

Future

We work closely with MPs and our peers to influence a number of bills before Parliament: