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| ID: | 130 |
| Title: | Guardian News Blog |
| URL: | http://blogs.guardian.co.uk/news/ |
| Category: | News & Media: News Blogs |
| Description: | The British newspaper's global news team update this blog with the latest developments. |
| Your views on the news: Facebook stock share prices and the cost of cancer care - Fri, 03 Feb 2012 14:02:36 GMT2012-02-03 14:02:36 |
Your take on the news this week on Facebook stock shares, the cost of cancer care and the recipe for happiness at work Facebook and the stock marketsBig online news this week was aboutthe cost of Facebook shares. Our readers gave their views on the decision:
joshthedogleft this note on timeline:
newenergyspaceleft on this truth which was a common trend:
The cost of cancer careFinally there was a passionate discussion following the news a break-through drug forprostate cancer is 'too expensive for the NHS'. FromKoolio:
Fromtreetopsquash:
FromTinRobot:
Fromjamesoverseas:
And some more personal stories fromespressodoppio:
FromfisseL86:
FromSambabrasileira:
FromCarenshare:
Should Fred Goodwin be stripped of knighthood?Readers also took time to access their moral compass with the news Fred Goodwin was no longer to be 'Sir'. Regular commenters on ourpolitics live blogand new offeringNewsdesk Liveleft these musings: FromGerryP:
Fromsynthesizer:
Frommarkgamon:
Fromtonibryan:
FromEpsteinsmate:
Fromyahyah:
MPs and cybercrimeA great debate took place in comments this week on cybercrime sparked bya government publicity campaign launch. buddednipunpicked the news:
JonathonFieldsadded:
BobJanovalooked at two angles to the story:
War on water billsOn Guardian Money readers aired their views on the newswater bills would be increasing in 2012-13. Usermatthewmacleodmade the distinction with Scotland:
FromLiesandstats:
FromAmadeus37:
Fromhenlaw:
Frommirotto:
Fromjakemoose:
How are we working less but are also less happy?Finally, readers added to the debate on long working hours - after it was reported in the50s despite longer hours we were more happy and less stressed. Fromoommph:
FromAengil:
Frombcnboy:
FromMrsPofS:
Fromlola465:
FromLMavis:
Thanks for all your contributions this week. guardian.co.uk© 2012 Guardian News and Media Limited or its affiliated companies. All rights reserved. | Use of this content is subject to ourTerms&Conditions|More Feeds |
| Chris Huhne resigns over speeding offence charges – news and reaction - Fri, 03 Feb 2012 16:46:00 GMT2012-02-03 20:35:01 |
• Energy secretary says CPS decision 'deeply regrettable Ed Davey has made an upbeat statement on the steps of his department.
Ed Davey will now face the spotlight as the man tasked with the government's climate change policies.Here's a profile piece on him from 2007in which he talks extensively about his experience of being an orphan.
Hélène Mulhollandweighs up what Huhne's resignation means for the make-up of the cabinet.
Huhne's mother was the voice of the speaking clock. His real surname is Paul-Huhne. He worked at the ratings agency Fitch. He may have in fact won the Lib Dem leadership election over Nick Clegg, but his votes were delayed in the post. He claimed a Corby trouser press in his MPs' expenses. These and other gems inthis illuminating profileof Huhne by Michael White. Political editorPatrick Wintourhas more details of how Huhne's departure was handled by the coalition:
Confirmed: Ed Davey will become energy and climate change secretary, with Norman Lamb, Nick Clegg's parliamentary aide, taking over from him as business minister. Jenny Willott, MP for Cardiff Central, will become an assistant government whip. All three, it should be stressed, are Lib Dem MPs. The net loss for the party in cabinet is nil, although clearly Huhne's experience will be missed. In a brief statement, Nick Clegg has said if Huhne cleared his name he would like to see him back in government in a key position. Some reaction coming through from green groups to the Huhne resignation, mostly regretful. John Sauven, Greenpeace's director, said the former minister would be "a tough act to follow".
Friends of the Earth's executive director, Andy Atkins, struck a similar tone:
Huhne has written arather more expansive letter to Nick Clegg, his party leader, in which he says: "It has been a privilege to serve with you in the first group of Liberal ministers in a British government since 1945". "The Liberal Democrats under your leadership are playing an essential role in ensuring the coalition government reflects liberal values at home and abroad." Clegg's reply is here. He writes: "I fully understand your decision to stand down from government in order to clear your name but I hope you will be able to do so rapidly so that you can return to play a key role in government as soon as possible." Cameron's letter of replyto Huhne says he has "made the right decision under the circumstances". He adds: "Like the deputy prime minister, I am sorry to see you leave the government under these circumstances and wish you well for the future." A quick summary of events so far:
• Vicky Pryce, Huhne's estranged wife, has also been charged with the same offence. The charges relate to an incident in 2003 when, it is alleged, Huhne persuaded his wife to accept a speeding penalty on his behalf. • In a statement, Huhne continued vigorously to deny the charge, but said that "to avoid any distraction to my official duties or my trial defence" he was standing down from his post. • Lib Dem sources say Ed Davey, the business minister, will be promoted to the department of energy and climate change as secretary of state, with Norman Lamb, the parliamentary aide to Nick Clegg, taking Davey's post. The full text ofHuhne's resignation letter to David Cameron (pdf):
Huhne will be entitled to a severance payment of more than £17,000 after resigning, PA is reporting. "Under the 1991 Ministerial and Other Pensions and Salaries Act, the Liberal Democrat is allowed three months worth of his £68,827 annual ministerial pay, the Cabinet Office said. That entitles Mr Huhne to £17,207, if he chooses to accept it." My colleagueRajeev Syalin Westminster has more on the historical context of the resignation.
Here is Huhne's resignation letter (pdf). While some have remarked on the DPP's decision to give a press conference about the charges,Sandra Lavillewrites,
HUHNE HAS RESIGNED. Here is his statement, which he has just made in person outside his London flat.
A little fromSandra Lavilleon what happens next in the case.
Some Lib Dem reaction coming in. Benjamin Ramm, editor of the Liberal, has issued a statement in which he says:
Vicky Pryce has issued the following brief statement via her lawyers:
Huhne, meanwhile, is expected shortly to announce he is resigning from the government, making an statement outside his flat in central London. He had considered whether it was possible to remain in cabinet to fight his innocence in court, but he recognises this is not tenable. Huhne's departure weakens the climate change lobby, Patrick writes
The statement in full from Starmer.
Political journalists are gathering outside a venue in Eastbourne, where the Lib Dems have been holding a retreat, hosted by Nick Clegg. Huhne left the away day yesterday when he learned an announcement on the potential charges was imminent. No formal statements yet from Huhne, Clegg or Cameron. Huhne will be charged, Starmer confirms. Starmer: "We have concluded that there is sufficient evidence to bring criminal charges against both Mr Huhne and Miss Pryce for perverting the course of justice." Both Pryce and Huhne are to appear in court on 16 February. Huhne is now expected to leave the cabinet. Starmer said:
Keir Starmer is speaking now. He says the statement is being made "in the interests of transparency and accountability". Starmer has become the DPP who gives his decision live on camera. It is part of the Crown Prosecution Service's move to be more open about the decision-making processes lawyers go through to reach their judgment to charge or not to charge. CPS lawyers had a full file of evidence by the end of August last year. What held up a decision was the legal battle with the Sunday Times over emails held by their political editor Isabel Oakeshott. The police were granted a production order but appealed the decision through the courts and it was not until two weeks ago that lawyers for the Sunday Times said they were dropping the appeal, and detectives were able to get possession of the emails. It is understood the police made it clear when they passed their file of evidence to the CPS last August that they recommended charges were brought. Chris Huhne will be charged, sources are briefing political journalists. From Ptrick Wintour's article:
BREAKING: The BBC is reporting that Vicky Pryce, Huhne's former wife, has said "I understand there will be charges". David Cameronsaid in May, shortly after the allegations first surfaced, that the energy secretary had his "full confidence". But Nick Clegg said last week that it would be a "very serious issue" if Huhne were charged, stressing: "We as a government want the highest standards of probity to be in place in everything that is done by cabinet members." If Huhne does resign,Patrick Wintourwrites
Here's a greatvideo profile of Huhneabove. Good morning. The energy secretary,Chris Huhne, will learn this morning whether he will face charges over allegations he avoided a speeding penalty. Keir Starmer, the director of public prosecutions, will make a televised announcement at 10am on whether Huhne and his former wife, Vicky Pryce, are to be prosecuted. Huhne has insisted he is innocent of allegations he had persuaded Pryce to accept penalty points for speeding, in an incident in March 2003. He has indicated, however, that he would resign his cabinet post if charged, while battling to clear his name. Patrick Wintourwrites todaythat the Prime Minister has been drawing up plans for a cabinet reshuffle should Huhne step down. Before Starmer's announcement is made, the cabinet secretary, Sir Jeremy Heywood, will be told, to give the civil service time to finalise contingency plans for a reshuffle, Patrick writes. Last night Cameron was rearranging a regional tour to be able to take swift decisions. Sandra Laville has more on the background to the police investigationhere. We'll be following developments and reaction here. . guardian.co.uk© 2012 Guardian News and Media Limited or its affiliated companies. All rights reserved. | Use of this content is subject to ourTerms&Conditions|More Feeds |
| Julian Assange extradition appeal at supreme court - Thursday 2 February - Thu, 02 Feb 2012 17:19:00 GMT2012-02-03 18:04:03 |
Final day of WikiLeaks founder's appeal against extradition to Sweden to face sex crime allegations Today is the final day of Julian Assange's appeal to the supreme court against his extradition to Sweden to face allegations of rape and sexual assault. The WikiLeaks founder denies the allegations. Yesterday Assange's QC, Dinah Rose, put her case to the seven justices that because in Sweden a prosecutor requests an arrest warrant rather than a judge, that made the warrant Sweden issued against Assange invalid. She made a dense legal argument based on close textual analysis of the European arrest warrant agreements, the Extradition Act 2003 which incorporates that into British law, and the 1957 European convention on extradition which preceded it. Here is a clip of Rose putting her case. Clare Montgomery, speaking for Sweden, began to put her side yesterday afternoon, taking issue with Rose's claims that the Swedish prosecutor could not be impartial and claiming that the authors of the European arrest warrant agreement had always intended that prosecutors as well as judges would seek warrants in many countries. Montgomery gave a much less confident performance than Rose, and came under harsher questioning from the justices. But it is unclear at this stage if Rose's arguments can get past the fact that the UK, through the European arrest warrant framework, does have an extradition agreement with Sweden, and has therefore already implicitly agreed to respect the way Sweden issues warrants for extradition. Here are someclips from Rose and Montgomery's submissions yesterday.
The justices hearing the appeal areLord Phillips, Lord Walker, Lady Hale, Lord Brown, Lord Mance, Lord Kerr and Lord Dyson. You canwatch the proceedings live here. The hearing is due to start at 10.30am and go on till 4pm. Here isa great piece by my colleague Esther Addley giving the background to the case. And this ismy colleague Robert Booth's report on yesterday's hearing. He will betweeting from the court again today. Comments have not been switched on on this blog for legal reasons. Julian Assange, his legal team, Sweden's lawyers, and others, are all taking their places in the supreme court chamber now. All rise as the supreme court justices file in to take their seats. Dinah Rose, Julian Assange's QC, starts by reporting on some "homework" that the court had set her yesterday. She says Hansard shows that in the Commons and in the Lords it was made clear that the extradition bill - which became the Extradition Act 2003 - was amended to reflect the concerns of the Commons home affairs select committee that the bill should read "judicial authorities" rather than just "authorities". As mentioned, Montgomery was given a tougher time yesterday than Rose. Robert Booth notes that Montgomery also got a tougher time from the judges when she acted for Sweden in the high court - but she won that case. Clare Montgomery resumes putting Sweden's case against Assange. She wants to discuss the legislation and agreements that were replaced by the European arrest warrant (EAW) agreement in 2002. In the 1957 European convention on extradition public prosecutors were explicitly made part of the "judicial authorities" who could ask for extradition, she says. The EAW framework used the same French language phrase as the 1957 convention, Montgomery says. Referring to the replacement of the 1985 Schengen treaty's provisions on extradition by the EAW, Montgomery says it is hardly likely that countries that already used public prosecutors in this way should abandon that in a framework decision designed to speed up extradition and make it easier. The Schengen agreement used the phrase "competent judicial authorities". She lists countries that include public prosecutors in this definition. But Lord Phillips, the president of the supreme court, points out that some countries specifically separate judicial authorities "and other competent authorities", suggesting that for them prosecutors might not be part of judicial authorities. "There is no consistency," Phillips says. To remind you, Assange's legal team is saying that a public prosecutor such as Sweden's is not a "judicial authority" in the way the EAW agreement intended, and so cannot issue a valid extradition warrant. Montgomery is trying to show that public prosecutors have always been seen as part of the relevant "judicial authorities" in some European countries. Phillips asks for a chronology of all the various incarnations of the European extradition agreements, which he says would be "enormously helpful". (I think it would probably be helpful for us too.) Robert Booth tweets:
Robert Booth adds:
Robert Booth adds:
Montgomery's level of textual analysis of legislation rivals Rose's. One reference to "getting" a warrant leads Lord Phillips to ask: "What does 'get' mean?" He thinks Montgomery is reading too much in to it to say it means "go to a court and get". There was never any concern about prosecutors being included in the phrase "judicial authorities" when the EAW agreement was drafted, Montgomery says. She says it referred to "judicial authorities" and permitted each member state to nominate exactly whom this term covered (ie including prosecutors in some countries). Elsewhere the authors used the word "court" where they wanted to use the word "court", Montgomery says. How many countries can we identify that have the French tradition, where prosecutors have a judicial role, asks Lord Mance. "Certainly all the Benelux countries … It's a relatively common feature of continental practice," Montgomery says. Lord Brown suggests that she doesn't need to prove that Sweden needs to have made an underlying court judgment before a prosecutor asks for a warrant. "Even if [there] wasn't, so what? Your case is: 'So what?', isn't it?" he asks. Montgomery agrees: "My case is: 'So what?'" But she goes on to say that the EAW framework decision does require an underlying court decision on the face of it - after that the prosecutor makes the next move in some countries such as Sweden. Montgomery discusses parliament's consideration of the EAW agreement in November 2001. "There is nothing in there that suggests any anxiety" about the term judicial authorities including a prosecutor - "not a word", Montgomery says. The original French draft of the EAW agreement uses the term "judicial decisions", she says. She attempts to pronounce the Dutch version too, which means the same thing, she says. "Doesn't sound Dutch," Lord Dyson says. Montgomery spells it out. "Do you know what the German is?" one of the justices asks. "Or Spanish...?" Robert Booth tweets:
Rose interrupts to say that Montgomery is quoting from documents her side has not seen. The assumption that there needs to be an impartial decision to make an arrest warrant "is just wrong", Montgomery says. A partial decision is much more common, she says. She uses the example of a policeman seeking a suspected criminal's arrest. "So we're wasting our time getting it done by a judge," one of the justices says. "It's certainly not necessary," says Montgomery. Has no other national court ever thought about this problem, Mance asks. Ireland, Cyprus and Italy have all "grappled with this and said it's acceptable under the framework decision", Montgomery says. Rose and Montgomery disagree over whether "proportionality" needs to be considered in this case, Montgomery says. She thinks it doesn't; Rose thinks it does. The court adjourns for lunch. Here is a summary of today's events so far. • Clare Montgomery, QC for Sweden, has been attempting to prove that the phrase "judicial authorities" in the European arrest warrant (EAW) framework agreement signed up to by the UK, Sweden, and the rest of the EU, was always meant to include prosecutors as well as judges in some countries. • This matters because yesterday Dinah Rose, Julian Assange's QC, argued that it only encompassed judges, and therefore Sweden's system, where a prosecutor asks for a warrant for extradition, was invalid. • Montgomery said that in Sweden's case there were underlying court decisions before a prosecutor asked for someone's extradition.She argued that it was relatively common in the EU for a prosecutor to play the role that person does in Sweden. And she said that the assumption that the person asking for an extradition warrant had to be impartial - as Rose maintained yesterday - was "just wrong". • The hearing continues this afternoon.Once Montgomery has finished, Rose gets the chance to reply. The justices are not expected to hand down their verdict for weeks. Robert Booth has summed up some of this morning's discussion:
The court hearing has resumed with Clare Montgomery continuing to outline Sweden's arguments that Julian Assange should be extradited. When the extradition bill was going through parliament, opposition MPs and peers said they believed the EAW framework decision allowed a public prosecutor who was not independent to make an extradition request - and despite that the government refused to redraft the bill, Montgomery says. She is implying that the government was happy with that, that that was what the government wanted the bill - now the Extradition Act 2003 - to say. Montgomery says a minister (she does not name him) told MPs at the time: we expect the European arrest warrant to be issued in future by exactly the same authorities that issued extradition requests before. Lord Kerr points out that the same minister who said he saw no reason for the government to specify an independent judge, rather than a non-independent public prosecutor, should issue warrants, made that exact case a year before to a different Commons committee. "My lord, I hold no brief for the minister," says Montgomery. In the Lords, the bill faced opposition on the same point. Lord Bassam, the minister in the Lords, said the government was going to "resist" this. "We expect incoming EU extradition requests to come from exactly the same sources and personnel as is the current position," Bassam said, according to Montgomery. Lord Brown is getting quite impatient as the justices are directed from document to document by Montgomery. Bassam's comments to the Lords refer to "judges and magistrates" but in the next paragraph the minister spoke more widely about "judicial authorities". "Anyone listening to this would be left with the impression that it was going to be some sort of judge," says Phillips. Montgomery says the language is asserting a clear government policy that there will be no change to the people who will request extradition warrants.
Montgomery is essentially saying that even though government ministers sound as if they back a law that only allows judges or magistrates to issue extradition warrants, in actual fact the law itself, the Extradition Act 2003, allows public prosecutors to play that role too. Montgomery says:
Lord Brown seems quite sceptical about Montgomery's main point. He says that they have already agreed that the phrase "judicial authorities" can have different meanings in different documents, implying that ministers may not have meant to include public prosecutors under that phrase in the Extradition Act 2003. Montgomery says that the point of the Extradition Act was to give effect to the EAW framework, so it follows that the phrase would mean the same in both. Parliament may not have understood what it was doing, Montgomery says, but that's no basis to "abandon" the extradition agreement. If this court finds for Assange, it would seriously impede the very scheme that was trying to increase speed and ease of transfer, Montgomery says, and that would cause serious difficulties for eight EU countries. So could just anyone request a warrant, asks Lord Mance. No, they have to have a specific role in the judicial system, Montgomery says. Even police or Ministry of Justice, in the shape of the probation service, could come under the heading "judicial authority", under the right circumstances, Montgomery says. Montgomery says that consistently, before and since the EAW framework decision took effect, the terms "judicial decision" and "judicial authority" have been applied to the activities of prosecutors exercising prosecutorial adjudicative functions in connection with the collection of evidence, supervision of offenders and other coercive orders. Extradition "has always been a partial act", says Montgomery - the person asking for extradition does not need to be independent. Even if she is wrong about proportionality, she says, that would still not mean someone who was impartial making the decision. My colleagueRobert Booth sends this quote from Clare Montgomery:
Dinah Rose, for Assange, stands to begin her reply. She is allowed an hour to reply. Rose complains that Montgomery is criticising the handling of the case by the divisional court, which heard the last stage of this case, but has not warned Rose about this. Rose defends the way the divisional court dealt with the case. Rose says Montgomery is accusing her of "reading in" to the word judicial the notion of independence and impartiality. She says this shows Montgomery has departed from "legal principle". Rose criticises Montgomery for claiming that "judicial authority" can have two different meanings within the EAW framework decision - in issuing a warrant, and in executing it. "We submit that is on the face of this instrument [the EAW document] an untenable submission and an untenable interpretation," Rose says. If the issuing authority has to be a judge, so does the executing authority, Rose says. Lord Phillips says if you remove the word "judicial" then the issuing and executing authorities would not seem to be the same. Rose says, in effect, that by adding the word judicial it becomes a specific term. "You may be right, but it's pretty obvious from the list we've got that a lot of countries didn't see it that way," says Lord Brown. A fundamental legal principle has been adopted in the Extradition Act, Rose says. The meaning of the phrase "judicial authority" has been ruled on many times by the European court of human rights, she says. They did not specifically define it as having a different meaning to its usual legal meaning - that it refers to independent judges. Rose says Montgomery's definition of judicial authority to include people "appertaining to the legal process" is so wide practically anyone could come under its umbrella. She even says a Ministry of Justice could be a judicial authority, Rose points out. But the European court of human rights has gone for a simple approach highlighting independence, she says. It is absolutely clear from the EAW framework decision that government departments were not to be included as judicial authorities, Rose says. "This was a new scheme replacing the old scheme of state to state extradition requests," she points out. Rose says Montgomery is saying each country should be entitled to decide for itself what constitutes a judicial authority. Rose thinks that is wrong, but says even if it was right, the Swedish prosecutor is not regarded as part of the Swedish judicial system. Lady Hale says she is worried Rose is eliding the terms "judiciary" and "judicial systems". Rose says Montgomery asked why countries would put more safeguards in place than they had themselves. Rose says that is understandable; the agreement was meant to make extradition easier, so it makes sense that countries would put a high bar in there for those issuing the arrest warrants - a requirement for them to be independent. This new extradition regime was to apply across the board to all EU countries, leading to requirements for new safeguards to reassure the public, Rose says. One of the requirements was the independence of those asking for a warrant, she says. Rose turns to Montgomery's claim that there has to be an underlying court decision before a prosecutor calls for an extradition warrant. "In our submission that is simply wrong," says Rose. She says Montgomery is in this instance using the words "judicial decision" to refer to a judge - "the very thing that would defeat her case". Rose says it is "simply wrong" to suggest a judge could ignore proportionality, as Montgomery has asserted. Rose is given 10 minutes more to wrap up. Rose says: "There were times today that I felt concerned for the bill of rights", when Montgomery suggested the minister did not know what he was talking about when he discussed the extradition bill. The bill was amended to include the word "judicial", she says. "That course of events shows that it was indeed understood by everybody that the word judicial was intended as a safeguard, that it would provide an independent check on the issue of a warrant." Lord Phillips says: "The court is grateful to counsel for their submissions and will reserve its judgment." And the justices file out. The hearing is over. Here is asummary of key events: • The supreme court has heard two days of dense legal argument relating to Sweden's attempts to extradite Julian Assange to face accusations of rape and sexual assault, which he denies.The justices will now consider their verdict, which will be handed down within weeks. •The WikiLeaks founder's appeal revolves around whether a prosecutor has the right to request an extradition - as Sweden's has - under the terms of the European arrest warrant (EAW) framework decision and the Extradition Act 2003 that incorporates it into British law. • For Assange, Dinah Rose QC argued that the EAW's use of the term "judicial authorities" was meant to mean a judge or magistrate, and not a prosecutor, who is not independent. • For Sweden, Clare Montgomery QC argued that the term "judicial authorities" was always meant to encompass prosecutors in some EU countries, and there was no requirement for the figure issuing the warrant to be independent. • The lawyers clashed on the interpretation of many of the same sources, including the 1957 European convention on extradition and the statements ministers gave to MPs and peers during the passage of the extradition bill.Both QCs came under detailed questioning from the justices, and it was unclear which way the justices will lean. However, before the two-day hearing began legal experts expected the supreme court to back Sweden. Here is the outline of Sweden's case against Assange(pdf), which the Crown Prosecution Service said I could not post until the end of the day. guardian.co.uk© 2012 Guardian News and Media Limited or its affiliated companies. All rights reserved. | Use of this content is subject to ourTerms&Conditions|More Feeds |