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INT-LAW  August 2006, Week 5

INT-LAW August 2006, Week 5

Subject:

Re: 'Value added'? - Access to UK Legal Materials

From:

"Davies, Gayle" <[log in to unmask]>

Reply-To:

International Law Librarians List (Int-Law)

Date:

Wed, 30 Aug 2006 11:06:48 +1000

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (183 lines)

I agree.  In  July's Australian Law Journal,  there is a note entitled
"Cost of computerised legal research recoverable?" at   80 ALJ 437: a
reference to a Nova Scotia decision  Boyne Clarke v Steel 2002 NSSM 1
(17 April 2002)  http://decisions.courts.ns.ca/nssm/2002/2002nssm1.html,

where the Judge disallowed the passing on by a  law firm to its client,
the cost of a Quicklaw search, because Canadian Supreme Court decisions
were freely available on the web. 

Perhaps if English judges start making a few decisions like this, it
might push the UK government into freeing up  its legislation.
Otherwise, ignorance of the law will become not just an excuse, but a
defence! 
Regards,
Gayle Davies
Manager, Library Services
Office of the Director of Public Prosecutions (NSW)
Australia. 


-----Original Message-----
From: International Law Librarians List (Int-Law)
[mailto:[log in to unmask]] On Behalf Of Barbara Flowers
Sent: Tuesday, 22 August 2006 10:42 AM
To: [log in to unmask]
Subject: Re: [Int-Law] 'Value added'? - Access to UK Legal Materials

Hoorah.  At last some commentary, criticism, griping and 
outrage.  For a country with the influence and economic power of the 
UK, and its role as a founding legal system for so many of its 
"offspring" democracies, the continuing situation of unavailable 
consolidations of legislation is  shocking.  Even the paid for 
versions of UK consolidated legislation have nothing like the value 
adding that we take for granted here in Australia, and which is 
free.  Queensland by the way also has excellent point in time 
reprints, they sit alongside the current Principal Act or Reg and 
couldn't be easier to access or download,
regards
  Barbara Flowers
  Web Resource Development Librarian
  QUT Law Library
  Gardens Point
  Brisbane Q 4001
Australia

At 12:05 AM 22/08/2006, you wrote:
>Dear Jonathan and all,
>
>At 9:46 AM -0500 17/8/06, Jonathan Pratter wrote:
>>Hello, INT-LAW.  FYI ....
>>
>>Jonathan Pratter
>>International Law Librarian
>>  and Lecturer
>>Tarlton Law Library
>>University of Texas at Austin
>>727 E. Dean Keeton St.
>>Austin, TX  78705
>>[log in to unmask]
>>
>>UK SEEKS TO CHARGE FOR ACCESS TO LEGAL TEXTS
>>On August 2, the UK Government rolled out the second stage
>>of a long-delayed project to make the consolidated law of
>>parliament accessible to the people. No free public access
>>sites have been granted permission to view the current
>>system and testers of the database - predominantly from
>>commercial legal publishing firms - have been told not to
>>share their login and password. The government argues that
>>site is a "value added product."
>>http://technology.guardian.co.uk/print/0,,329554330-117422,00.html
>
>The public policy disgrace of lack of free access to any 
>consolidated UK legislation gets worse as every year goes by.
>
>I wonder what those in charge of UK legislation think constitutes 
>such 'value adding' that the government should be entitled to charge 
>taxpayers a second time for creating it?
>
>Here are some non-starters drawn from Australian jurisdictions:
>
>(i) Consolidated legislation?
>- All Australian governments provide (usually through an Office of 
>Parliamentary Counsel website or equivalent) an official free-access 
>government website containing a complete set of regularly updated 
>*fully consolidated* legislation.  This includes primary 
>legislation, regulations and for some jurisdictions other delegated 
>legislation as well. The idea that basic consolidated legislation is 
>something you should pay for would simply raise hoots of derisive
laughter.
>
>(ii) Value-added consolidated legislation?
>- All Australian governments except WA provide that consolidated 
>legislation to the Australasian Legal Information Institute 
>(AustLII) for free-access  republication with many forms of 
>'value-adding' including searching at section level, hypertext links 
>to definitions and other statutes, and a 'noteup' from each section 
>which finds all cases, articles etc on AustLII referring to an Act 
>or section. Automated, updated regularly, not rocket science, and 
>free. See http://www.austlii.edu.au/databases.html
>
>(iii) 'Point-in-time' and/or historical legislation?
>- The Tasmanian and Western Australian government systems provide 
>free 'Point-in-time' versions of any Act at any point in time back 
>to the inception of the system. AustLII does so with all NSW 
>legislation (thanks to good NSW PCO data), including a facility for 
>visual comparison of any two versions of section with all 
>differences marked. This model is now being developed for other 
>jurisdictions. All other Australian government official sites 
>provide some mechanism for users to obtain 'historical' 
>consolidations of Acts from various points in the past (ie 
>'reprints') if not from the point of every amending Act.  Provision 
>of some version of these facilities is now accepted as 'best 
>practice' free access, not something that should be charged for.
>
>(iv) Links to Bills, Explanatory Memoranda and Second Reading speeches?
>- These are so valuable that even a commercial publisher (LawLex) 
>has a business model that involves giving away these forms of 'value 
>adding' to attract users to pay for other genuine 'premium services'.
>
>I'm sure other INT-LAW members can easily add examples from their 
>own jurisdictions of where sensible public policies and respect for 
>democracy and the rule of law also provides full free access to the 
>laws we are supposed to observe.
>
>Our UK colleagues deserve all the help we can give them to free 
>their legal system from the technical backwardness  and poor public 
>policy that has inflicted access to UK legislation for at least 15
years.
>
>
>
>Regards,
>
>Graham Greenleaf
>
>--
>--
>***********************************************************************
**
>Graham Greenleaf
>
>Professor of Law
>Faculty of Law, University of New South Wales
>UNSW SYDNEY NSW 2052  Australia (UNSW CRICOS Provider No: 00098G)
>Co-Director, Australasian Legal Information Institute (AustLII)
>Co-Director, Cyberspace Law and Policy Centre
>General Editor, Privacy Law & Policy Reporter
>
>E-mail: [log in to unmask] or [log in to unmask]
>Web Pages -  http://www2.austlii.edu.au/~graham/
>Legal Scholarship Network (LSN) pages - http://ssrn.com/author=57970
>Tel: +61 2 9385 2233 (UNSW) +61 2 9569 5310 (Home)
>Fax: +61 2 9385 1175 (UNSW) Office: Room 224, Law Faculty Building,
UNSW
>***********************************************************************
**
>
>[log in to unmask]: Use this address for postings and 
>replies - Email text body 'SIGNOFF int-law' to: 
>[log in to unmask]
>**DISCLAIMER: The opinions expressed on this list are those of the 
>authors and do not necessarily reflect the opinions of CIESIN, its 
>staff, or CIESIN's sponsors.

Barbara Flowers
Reference Librarian (Web Resource Development)
QUT Law Library
Qld University of Technology
2 George St
Brisbane Q 4001

PH: 07) 3864 5049
FAX: 07) 3864 5264 

[log in to unmask]: Use this address for postings and replies -
Email text body 'SIGNOFF int-law' to:
[log in to unmask]
**DISCLAIMER: The opinions expressed on this list are those of the
authors and do not necessarily reflect the opinions of CIESIN, its
staff, or CIESIN's sponsors.

[log in to unmask]: Use this address for postings and replies - Email text body 'SIGNOFF int-law' to: [log in to unmask]
**DISCLAIMER: The opinions expressed on this list are those of the authors and do not necessarily reflect the opinions of CIESIN, its staff, or CIESIN's sponsors.

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