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22/07/2011

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A little-known paragraph in an explanatory memorandum reveals the Government is sticking to its guns, HASC report or not...

See paragraph 4.4 of http://www.legislation.gov.uk/uksi/2011/1340/pdfs/uksiem_20111340_en.pdf

In relation to Operation Motorman and the comments of the Information Commissioner, could you clarify the position with respect to Section 77 of the Criminal Justice and Immigration Act 2008. It is my understanding that it is within the power of the Home Secretary to enforce more significant sanctions for breaches. Furthermore, such an order could be implemented through the negative resolution procedure.

According to the ICO, the 3 year delay in issuing such as order is down to the required consultation with those affected: specifically the media. Surely, recent events should bring such a review to a speedy conclusion with the result that custodial sentences can be applied.

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