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Author Archives: HM Government

News story: Avian flu near Redgrave, Suffolk

Avian Influenza H5N8 virus has been identified on a premises near Redgrave during investigations following a recent nearby case.

Defra’s routine investigations following a confirmed case of H5N8 near Redgrave in Suffolk have led to the detection of the virus at a further separate premises.

Due to the unacceptable high risk and to contain the possible spread of avian flu, the UK’s Deputy Chief Veterinary Officer has today (3 March) confirmed that proactive culling of around 55,000 birds will take place.

The premises will then be cleansed and disinfected, further reducing the risk to other birds. A 3km Protection Zone and a 10km Surveillance Zone are already in place following the previous case in the area. Our investigations will continue and the restrictions already placed on the site will remain in force until cleansing and disinfection is finished and the investigation is complete.

Public Health England advises that the risk to public health from the virus is very low and the Food Standards Agency is clear that bird flu does not pose a food safety risk for UK consumers.

Read the latest advice and information on avian flu in the UK, including actions to reduce the risk of the disease spreading, advice for anyone who keeps poultry or captive birds and details of previous cases. You can use our interactive map to check if you are affected by restrictions around any premises. Journalists with queries should contact Defra press office on 02082257318.

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News story: Open Rights Group campaign

A large number of emails have been received about government plans to equalise the maximum sentence for online and physical copyright infringement at 10 years. This measure is contained within the Digital Economy Bill 2016 which is in its final stage of the Parliamentary scrutiny process.

The Open Rights Group (ORG) campaign focuses on two areas. Firstly that an increased sentence may result in an increase of so called ‘copyright trolls’ threatening court action. Secondly, that the copyright clause within the Bill criminalises minor copyright infringement.

Infringement of another person’s copyright in the circumstances covered by the redrafted criminal offences is already covered by existing criminal offences. The proposed measures in the Digital Economy Bill clarify the existing offences and take into account concerns that the ORG raised with government during consultation. The revised offence is designed to deter and deal with deliberate infringement, while protecting innocent or unwitting infringers.

Copyright trolls

Copyright owners are entitled to enforce their rights. On occasion this may include contacting members of the public who are alleged to have infringed their rights. Such approaches are entirely legal. However if done in a threatening or harassing way, members of the public can report the solicitors in question to the Solicitor’s Regulatory Authority (SRA). The SRA has taken action in previous such cases.

It is important to note that the criminal offences apply to making material available to others, not to those just downloading material to their computers. Anyone seeking to enforce their rights for the downloading of material would be unlikely to refer to this legislation.

The Intellectual Property Office has published guidance for members of the public who have received such approaches.

The risk of an increase of ‘trolling’ is considered to be low but the government will periodically review and respond to any concerns.

Minor infringement

The criminal offences penalise communicating a copyright work to the public and infringing a performer’s ‘making available’ right. Both of these acts are considered criminal where a person knows, or has reason to believe, that they are infringing the right and either intends to make a monetary gain, or knows or has reason to believe that they will cause loss or expose the rights holder to a risk of loss in money. These offences focus on those causing harm either for monetary gain or a monetary loss or risk of loss to the rights holder. A mental element has been introduced which requires an intention to make a gain or knowledge or reason to believe that the copyright owner will suffer loss or be exposed to a risk of loss.

Ten year sentences would only be applied in the most serious of criminal circumstances. It is highly unlikely that small, unintentional infringement would be caught by this offence. A person who believed that their acts fell within a copyright exception, such as that relating to criticism or review or quotation, would not be guilty of an offence.

It would not be practical for the government to set a specific level of loss or gain at which infringement becomes a criminal offence. This is because the circumstances of each infringement needs to be taken into account.

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News story: Newcastle fresh produce retailer fined after failing to meet marketing standards

A Newcastle based fresh produce retailer has been ordered to pay over £3,000 for displaying, offering for sale and selling rotten fruit and vegetables that failed to meet minimum quality standards.

Raja Mohammed Farooq Khan, owner of Medina Food Store, was charged by Newcastle Magistrates Court on 27 February 2017, following a six month long investigation by the Rural Payments Agency’s (RPA) Horticultural Marketing Inspectors (HMI).

A final HMI inspection conducted on 7 September 2016, found five offences in breach of the EU marketing rules for fresh produce quality and labelling, including rotten peppers and apples.

Khan pleaded guilty to all charges. He was ordered to pay a fine of £295, £2,798 costs and a £30 victim surcharge.

Alison Johnson, RPA Operations Director said:

Concerted efforts were made by HMI to work closely with the business through face-to-face meetings, verbal warnings and formal written notices, all aimed at achieving improved compliance from the business.

Unfortunately such advice is not always heeded and when all other options have been exhausted we will resort to the use of criminal sanction to bring about a required change in behaviour.

  • Medina Food Store is based at 35 Nuns Moor Road, Fenham, Newcastle upon Tyne, NE4 9AU.

  • Horticultural Marketing Inspectors are part of the Rural Payments Agency (RPA). The inspectors are responsible for the enforcement of the EU marketing standards for fresh fruit, vegetables, salad crops, nuts and cultivated mushroom, throughout England and Wales, wherever fresh produce is grown, imported, exported, bought or sold.

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Speech: Survivors in safe houses will have their right to vote honoured

Just over a year ago, I learnt about a young woman from Bristol who had been forced to flee an abusive relationship and move, with her toddler, to a secret address.

Once there, she simply wanted to express her democratic right to vote and participate in British democracy – but it was too complicated to register anonymously and, without registering, she would not be able to express one of the most basic rights we too often take for granted.

That individual was Mehala Osborne, now a formidable and leading Women’s Aid campaigner whose story has been heard up and down the country.

Mehala’s story is one of bravery, resilience and inspiration in the pursuit of something as important as the democratic right to vote – and today the government is acting on what we have learned from her story.

Currently, those wanting to register to vote anonymously have to go through a rigorous process, providing a high level of documentation to register to vote, which many survivors of abuse lack.

Having to arrange for signed documents from senior officials – such as superintendents in the police and directors of social services at councils – would be an incredibly daunting task for anyone, let alone survivors of domestic abuse. It is clear that the existing system has often let down those affected by domestic abuse – and that cannot continue.

That is why today the government is setting out proposals to reform the anonymous registration scheme in England and Wales and make it more accessible for those escaping domestic abuse to participate fully in our democracy.

The proposals include plans to update the list of court and other orders that are acceptable as evidence of the risk to an applicant’s safety, as well as considering expanding the current list of possible evidence that can be used.

We also intend to lower the seniority required of an attestor from the police or social services – and we will consider adding additional professions to those who can attest, such as GPs and nurses.

Mehala’s journey is nothing short of inspiring. The majority of survivors who find themselves in a refuge or similar safe house simply won’t vote because of the daunting barriers to registering anonymously.

That leaves a huge hole in our democracy. I look forward to continuing to work with Women’s Aid and other organisations to make sure we get this right and that we help survivors of domestic abuse make their voices heard.

As the Prime Minister made clear on the steps of Downing Street in July, I am determined to build a democracy that works for everyone.

And that is what this Government is doing – by tackling voter fraud wherever we find it, ensuring that UK citizens who have lived overseas for longer than 15 years have the right to vote, and equalising the size of constituency boundaries so that every vote matters.

But we are equally clear that those who have been constrained by their abusers must have full freedom to express themselves in the democratic processes and the political life of the country – a commitment that we are today moving one step closer towards.

Only by doing so will we build a democracy and a country that works for everyone.

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