The Commercial Surrogacy Dilemma

In November 2009 the England and Wales High Court (Family Division) granted a parental order pursuant to s30 Human Fertilisation and Embryology Act 1990 in respect of twins who came to be in the custody and control of the applicants (Mr and Mrs A) through a surrogacy arrangement. The particularly unusual and interesting aspect of this case is that, on the evidence, Mr and Mrs A had paid expenses to the surrogate above and beyond those allowed by the legislation, thus creating a commercial surrogacy arrangement. Commercial surrogacy arrangements involve the payment of money to the surrogate mother in excess of those expenses which have been reasonably incurred pursuant to the surrogacy arrangement. This case is relevant to Queensland law because commercial surrogacy arrangements are also prohibited in Queensland and, as in the United Kingdom, the court cannot make a parentage order unless it is satisfied the surrogacy arrangement is not a commercial surrogacy arrangement.

In search of a youth justice pedagogy? A commentary

Purpose – This paper seeks to look at youth justice (YJ) personnel training and education and the recommendations about it made in Time for a Fresh Start. Design/methodology/approach – The pedagogic tensions that currently shape YJ training are described – particularly those around the question of instructionalism vs education and what “specialist” means in the context of YJ. Findings – The paper suggests that the authors of Time for a Fresh Start missed the opportunity to better serve the public and young people's interests by neither acknowledging the pedagogic tensions nor articulating what a “specialist” “YJ” professional training can mean in twenty-first century England and Wales. Originality/value – The paper highlights an urgent need for an open debate between academics, practitioners and policy makers about YJ pedagogy.

Prosecutorial discretion in assisted dying in Canada : a proposal for charging guidelines

An Expert Panel of the Royal Society of Canada and a Select Committee of the Québec National Assembly both recently recommended the issuance of permissive guidelines for the exercise of prosecutorial discretion on voluntary euthanasia and assisted suicide and “medical aid in dying” respectively. It seems timely, therefore, to propose a set of offence-specific guidelines for how prosecutorial discretion should be exercised in cases of voluntary euthanasia and assisted suicide in Canadian provinces and territories. We take as our starting point the only existing guidelines of this sort currently in force in the world (i.e. the British Columbia Guidelines, and the England and Wales Guidelines). In light of certain concerns we have with these guidelines, we outline an approach to constructing guidelines for Canadian jurisdictions that begins with identifying three guiding principles we argue are appropriate for this purpose (respect for autonomy, the need for high-quality prosecutorial decision making, and the importance of public confidence in that decision making), and ends with a concrete and detailed set of proposed guidelines. The paper is consistent with, but also extends, the work of the Royal Society of Canada Expert Panel on End of Life Decision Making. Un panel d’expert de la Société Royale du Canada et une Commission spéciale de l’Assemblée nationale du Québec ont tous les deux récemment recommandé que soit émises des directives permettant exercice d’un pouvoir de poursuite discrétionnaire concernant l’euthanasie et le suicide assisté et « l’assistance médicale pour mourir », respectivement. Il semble donc à propos de proposer une série de directives spécifiques aux offenses sur la façon dont le pouvoir de poursuite discrétionnaire dans les territoires et provinces canadiennes serait appliqué dans les cas d’euthanasie et de suicide assisté. Nous avons pris comme point de départ les seules directives de la sorte existant déjà (c’est-à-dire celle de la Colombie-Britannique et de l’Angleterre et du Pays de Galles). Par contre, compte tenu de certaines de nos réserves concernant ces directives, nous avons ensuite établi les grandes lignes d’une approche permettant de mettre sur pied des directives pour les juridictions canadiennes, qui débute par l’identification de trois principes de base qui sont selon nous appropriées à cette fin (respect de l’autonomie, besoin pour une grande qualité de prise de prise de décision du poursuivant et la confiance du public envers cette prise de décision) pour se terminer par une série de directives concrètes et détaillées. Le présent document est compatible avec le travail de la Société royale du Canada tout en en augmentant la portée.

Turnbull : generating undue expectations of the corporate governance role of audit committees

Following an initial consultation draft (Turnbull 1999a), the Internal control Working Party of the Institute of Chartered Accountants in England and Wales, chaired by Nigel Turnbull, executive director of Rank Group plc. has published Internal Control: Guidance for Directors of Listed companies Incorporated in the UK (Turnbull, 1999b). The guidance is commonly referred to as the Turnbull Report. This paper outlines the key recommendations of the report and discusses some of its implications, particularly in the context of the increasing emphasis on a broader corporate governance role for audit committees. The paper suggests that the increasing role envisaged of audit committees for example lately in the UK by Turnbull, may generate undue expectations are premised on an unsubstantiated notion of the contribution of audit committees.

Improving information in project appraisal using hedonic pricing : a case study of marina berthing charges

Hedonic pricing techniques can be used to generate quantitative information useful to the project appraiser at various stages of the project cycle, most notably project formulation and investment appraisal. To illustrate, a hedonic pricing model is applied to marina berthing charges in England and Wales. The technique determines the relevant marina facilities that are reflected in marina rental price. The contribution of the key marina facilities is expressed in monetary terms as the contribution to cost per overall rental price per foot.

Exploring the re-criminalising of OHS breaches in the context of industrial death

Since the 1980s the calls for further criminalisation of organisational conduct causing harm to workers, the public and the environment have intensified in Australia, Canada and England and Wales.' One focal point of this movement has been the criminal law's response to organisations (and their personnel) failing to comply with occupational health and safety ('OHS') standards, particularly when physical harm (death and serious injury) has resulted from those breaches. Some governments have responded with proposals to enable manslaughter prosecutions to be initiated 'more effectively' against organisations causing the deaths of workers or, in some cases, members of the public (Archibald et al, 2004; Haines and Hall, 2004; Hall et al, 2004; Tombs and Whyte, 2003). In Australia governments have also increased monetary penalties for regulatory OHS offences, a few have introduced other contemporary organisational sanctions, and some have initiated OHS prosecutions more vigorously and with larger fines.

Insolvency academics contributing to the review of insolvency laws: An Australian perspective

Introduction 1 It gives me great pleasure to contribute to this publication to honour Professor Ian Fletcher on his retirement as Foundation Chair of the INSOL International Academic Group. A collection of essays that include topics on domestic, cross-border and international insolvency appropriately reflects the breadth of Professor Fletcher’s impact on the scholarship of insolvency law – not only in his “home” jurisdiction of England and Wales and closer to home in Europe, but also stretching around the globe, in this case, to Australia. 2 In the early 1990s when I first began to research in the area of cross-border insolvency law, a colleague mentioned that they had recently attended the XIIIth International Congress of Comparative Law in Montreal in August 1990 and heard the Cross-border Insolvency: General Report expertly delivered by an English academic, Ian Fletcher, who was widely regarded as an authority in the area. This was my first introduction to Professor Fletcher’s work and over the intervening years I have referred often to his scholarship....

Kernel-based spatial-color modeling for fast moving object tracking

Visual tracking has been a challenging problem in computer vision over the decades. The applications of Visual Tracking are far-reaching, ranging from surveillance and monitoring to smart rooms. Mean-shift (MS) tracker, which gained more attention recently, is known for tracking objects in a cluttered environment and its low computational complexity. The major problem encountered in histogram-based MS is its inability to track rapidly moving objects. In order to track fast moving objects, we propose a new robust mean-shift tracker that uses both spatial similarity measure and color histogram-based similarity measure. The inability of MS tracker to handle large displacements is circumvented by the spatial similarity-based tracking module, which lacks robustness to object's appearance change. The performance of the proposed tracker is better than the individual trackers for tracking fast-moving objects with better accuracy.

Sequential split vector quantization of LSF parameters using conditional PDF

A better performing product code vector quantization (VQ) method is proposed for coding the line spectrum frequency (LSF) parameters; the method is referred to as sequential split vector quantization (SeSVQ). The split sub-vectors of the full LSF vector are quantized in sequence and thus uses conditional distribution derived from the previous quantized sub-vectors. Unlike the traditional split vector quantization (SVQ) method, SeSVQ exploits the inter sub-vector correlation and thus provides improved rate-distortion performance, but at the expense of higher memory. We investigate the quantization performance of SeSVQ over traditional SVQ and transform domain split VQ (TrSVQ) methods. Compared to SVQ, SeSVQ saves 1 bit and nearly 3 bits, for telephone-band and wide-band speech coding applications respectively.

The health significance of heterotrophic bacteria in drinking water

Tap water is not sterile; it contains organisms which grow in water distribution systems or inside taps and their fittings. The absence of known pathogenic bacteria is assured by the absence of the indicator organisms but concerns have been raised in the past few years that drinking water fulfilling the standards laid down in the EC Directive ECC 80/778 may still cause disease. These concerns have arisen from several sources: the fact that a cause has been identified in only half of all suspected waterborne outbreaks of disease; reports have suggested that heterotrophic bacteria possessing single pathogenic mechanisms such as haemolysin may cause disease; reports of heterotrophic organisms causing water contact diseases in hospitals. These concerns led to a reappraisal of the pathogenic potential of heteretrophic bacteria, by carrying out an extensive literature search and review commissioned by the UK Water Research Company. This research identified many papers showing an association between drinking water and heterotrophic bacteria but only very few reports of suspected waterborne disease associated with the heterotrophs. The organisms demonstrating potential to cause disease were species of Aeromonas and Yersinia, but typing of organisms identified in patients and isolated from the water revealed very few similarities. The potential of Aeromonas and Yersinia to cause waterborne disease is thought to be very low and the Communicable Disease Surveillance Centre database of laboratory infections due to these two genera of organisms was analysed to produce population-related incidences for each health region in England and Wales. Additionally a laboratory questionnaire revealed different levels of ascertainment of these two organisms in different laboratories of the Public Health Laboratory Service.

The production of freshwater fish for food

It has been estimated that in England and Wales fresh water covers some 340 square miles of which about one quarter is inhabited mainly by salmon and trout; in Scotland the lakes cover an area of 340 square miles. The principal object of this publication is to make available in handy form some of the methods, especially those involving the use of manures, by which crops of fish from water can be increased. The cultivation of water which this implies may be compared directly to the cultivation of farm land: the conditions for growth are made as favourable as possible, the seed is sown in the form of young fish, and after one or perhaps two growing seasons the crop is harvested. There are however many waters about the country where marketable fish are already available and can be removed without prejudice to, and indeed to the advantage of, sporting fisheries. In such cases it is necessary only to remove the fish and to rely on the natural processes of reproduction of those which are left to repopulate the water. Farming waters in the true sense is the concern of the greater part of this publication; the removal of crops of otherwise unwanted fish is considered in the last two sections on perch trapping and eel fisheries.

River Lune salmon action plan March 1997. Draft Copy.

The River Lune was at one time one of the best salmon fisheries in England and Wales with very high catches to both rods and netsmen. During the 1960's, the stock was decimated by the disease Ulcerative Dermal Necrosis which caused a dramatic reduction in catches. Catches have not recovered to pre-disease levels. The target egg deposition rate for the River Lune system which should produce the maximum number of surplus fish returning to the system has been determined at 13.8 million eggs. This will require 4,779 adult salmon to survive to successfully spawn. Under current rates of exploitation, the target egg deposition will occur at a declared rod catch of 1,974 salmon and a net catch of 2,627 salmon. Two automatic fish counters are in operation on the river system. Data from these suggest that, within the measures of compliance, the river has met it's target egg deposition for the last 3 years.

Salmon action plan consultation. River Lune - draft

In February 1996 "A Strategy for the Management of Salmon in England and Wales" was launched by the then National Rivers Authority. The strategy concentrates on four main objectives for the management of salmon fisheries in England and Wales. These are primarily aimed at securing the well being of the stock but in doing so will strive to improve catches and any associated economic returns to the fisheries: (i) Optimise the number of salmon returning to homewater fisheries. (ii) Maintain and improve the fitness and diversity of salmon stocks. , (iii) Optimise the total economic value of surplus stocks. (iv) Ensure necessary costs are met by beneficiaries. These four objectives will be addressed through local Salmon Action Plans (SAPs) which will be produced for each of the principle salmon rivers in England and Wales by the year 2001. Each plan will review the status of the stock and the fisheries on a particular river, seek to identify the main factors limiting performance, draw up and cost a list of options to address these, and, consult 0with local interest groups. This report is the draft version of the Salmon Action Plan for the River Lune.

Salmon action plan. River Lune - February 1998

In February 1996 A Strategy for the Management of Salmon in England and Wales was launched by the National Rivers Authority. The strategy concentrates on four main objectives for the management of salmon fisheries in England and Wales: (i) Optimise the number of salmon returning to home water fisheries, (ii) Maintain and improve the fitness and diversity of salmon stocks, (iii) Optimise the total economic value of surplus stocks, (iv) Ensure necessary costs are met by beneficiaries. These four objectives will be addressed through local Salmon Action Plans (SAPs) which will be produced for each of the principle salmon rivers in England and Wales by the year 2001. This Salmon Action Plan for the River Lune reviews the status of the stock and the fisheries, seeks to identify the main factors limiting performance, to draw up and cost a list of options to address these, and to consult with local interest groups.

Salmon action plan. River Ribble - June 2000

In February 1996 A Strategy for the Management of Salmon in England and Wales was launched by the National Rivers Authority. The strategy concentrates on four main objectives for the management of salmon fisheries in England and Wales: (i) Optimise the number of salmon returning to home water fisheries, (ii) Maintain and improve the fitness and diversity of salmon stocks, (iii) Optimise the total economic value of surplus stocks, (iv) Ensure necessary costs are met by beneficiaries. These four objectives will be addressed through local Salmon Action Plans (SAPs) which will be produced for each of the principle salmon rivers in England and Wales by the year 2001. A consultation report was produced for the River Ribble and released publicly in October 1999. This document determined an egg deposition figure of 8.5 million eggs for the Ribble, that would allow maximum gain from the net and rod fisheries; raised a number of issues which are thought to currently limit salmon production; identified actions which may be undertaken by the Environment Agency and other bodies to improve stocks. This action plan re-addresses the issues raised in the consultation document, taking into account the comments received, and also identifies areas of possible improvement in data gathering that would allow more accurate estimation of the spawning target and compliance in future years. The progress of this plan will be monitored and reported annually.