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Your ref:
Our ref: Barnet Council case
Date: 28 February 2011 Direct email: xxxxxxxxxxxxxxxxxxxxx
eric.pickles@communities.gsi.gov.uk ASSOCIATES
Liz Barratt
Emilie Cole
Chez Cotton
Louise Coubrough
Liz Dronfield
Rhona Friedman
**URGENT – REPLY REQUESTED BY 3PM ON 1 MARCH 2011** Kate Goold
Melanie Hay
Shazia Khan
Jude Lanchin
Alla Murphy
SOLICITORS
Dear Sirs Janet Broadley
Salima Budhani
Pearl Carson
Emma Cohen
Rosalind Fitzgerald
Roberta Haslam
Our client: Ms Vicki Morris of xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Charlotte HaworthHird
Laura Higgs
Catherine Jackson
Saadia Khan
Sara Lomri
Kathryn Macken
1. Please note that we write on behalf of Ms Morris, a press and Gwendolen Morgan
Najma Rasul
Amy Rowe
public affairs officer for Barnet Trade Union Council, in her Jessica Skinns
Emma Webster
personal capacity at this stage. We are instructed that you have CONSULTANTS
Philip Leach
previously been asked by members of the public for permission to David Thomas
Bindmans LLP
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2
Legal Issues
5. As you will be aware, under the Human Rights Act 1998 every
decision or action which the Council takes must comply with the
European Convention of Human Rights (‘ECHR’). Of particular
relevance to this case is Article 10 ECHR, and potentially Article
14 (non-discrimination in the enjoyment of these rights and
freedoms). Section 6 of the Act makes clear that compliance
means not only not interfering with those rights but also taking
positive steps to ensure that members of the public can
effectively enjoy these rights.
6. Article 10.1 makes clear that this includes the right to impart and
receive information. “Everyone has the right to freedom of
expression. This right shall include freedom to hold opinions and
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Summary
13. We trust that in light of the reasons set out above, you will
confirm in writing by 3pm on 1 March 2011 that you will not
prohibit filming and online reporting of the Council’s public
meetings. We consider the short response time to be reasonable
in light of the need for clarity on this issue before Tuesday’s
meeting, which will impact on the whole community for many
years to come. We understand that various bloggers have written
to you in advance in relation to this issue and had not received
any reasoned written response before today’s article in the Times
online.
14. Should you not agree to this request, we have advised that such a
decision would potentially be amenable to challenge by way of
judicial review on the following grounds amongst others:
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Yours faithfully
Bindmans LLP