The Undermining the Rule of Law Bill

Undermining the Rule of Law Bill

This comment by David Allen Green on Monday has stuck in my mind.

David also notes that the solution to this constitutional wrecking is political, and the challenge is to make the public care. Continue reading “The Undermining the Rule of Law Bill”

Cold Take: The EU Referendum Act should have included implementation provisions

For A Thing, I’ve been reading the court judgments in the controversial Brexit cases brought by Gina Miller.

The first of these was R (Miller) v Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin) and [2017] UKSC 5.

The outcome of the case is well known. Theresa May wanted to send the Article 50 notification to Brussels, and believed she could do so without recourse to parliament, because the making and breaking of treaties is a prerogative power. The claimants disagreed, saying that parliament had created new domestic rights and a new source of law when it enacted the European Communities Act 1972, which only parliament could undo.

Continue reading “Cold Take: The EU Referendum Act should have included implementation provisions”

Brexit Silver Linings

A General Election has finally been called. The outcome is by no means certain but there is a good chance that Boris Johnson will secure a majority for the Conservative Party in the House of Commons. They will then be able to deliver Brexit.

Needless to say, I do not favour this outcome, for several reasons: I think exiting the EU is a bad idea; leaving under the current proposed ‘deal’ is one of the worst ways to do it; Scotland will vote for independence; and it’s utterly galling that Boris Johnson’s lies, incompetence and meanness of character might somehow result in political success.

If all that happened, what might be the silver linings around those dark clouds?

I can think of three.

Continue reading “Brexit Silver Linings”

Would You Hand The Proroguing Power to Labour’s Hard Left?

Jolyon Maugham QC is the director of the Good Law Project, who has co-ordinated several of the big Brexit-related court cases, including the Cherry and Miller cases currently at the Supreme Court.

Interviewed on the Remainacs podcast earlier this week, Maugham pointed out that many of the people who cheered on Boris Johnson’s dodgy prorogation of parliament would not be at all happy to see the same power in the hands of a political opponent. What would Jeremy Corbyn do with the power to shut down parliamentary scrutiny when it got too inconvenient?

Well, the recent hullabaloo at the Labour Party conference in Brighton demonstrates that there are plenty of people in the Labour party who share the anti-democratic instincts of Boris Johnson and Dominic Cummings. Continue reading “Would You Hand The Proroguing Power to Labour’s Hard Left?”

“Just Get On With It” – The Laziest Possible Brexit Intervention

A common intervention in the Brexit debate—made by politicians, celebrities and in hoi polloi vox pops up and down the country—is that the British people want the politicians to ‘just get on with Brexit.’

Recent proponents of the phrase include David Attenborough and Lord Rose, who previously chaired the Remain campaign.

‘Just Get On With It’ has a beguiling charm. It’s a simple, memorable phrase, and it sounds pragmatic, down-to-earth and a little bit bolshy. That’s why so many people repeat it.

But simplicity is not a virtue when we’re talking about leaving the EU. ‘Just Get On With It’ is a solution for those people who either haven’t thought about the problem enough, or who do not care about the consequences of a rushed, half-cocked Brexit.

Either way, its an intellectually lazy argument, for many reasons. Let me count the ways… Continue reading ““Just Get On With It” – The Laziest Possible Brexit Intervention”

The ‘Whether’ and the ‘How’ of Brexit

Earlier this week, the House of Commons seized control of the parliamentary timetable, and passed its own piece of legislation through the chamber. The House of Lords then passed it without amendments, and the European Union Withdrawl Bill (No. 6) will become law early next week.

The law forces Prime Minister Johnson to ask the European Council for an Article 50 extension, if an exit deal has not been agreed by 19th October (a few days before the scheduled departure on the 31st). It is a way of legally binding the government from proceeding with a No Deal Brexit.

Since then, there has been a constant refrain from supporters of the PM’s policy (call them Leavers, or Brexiteers or whatever) that parliament’s actions are thwarting the will of the 17.4 million people who voted to leave the EU. The Prime Minister said:

It is a Bill designed to overturn the biggest democratic vote in our history, the 2016 referendum. It is therefore a Bill without precedent in the history of this House, seeking as it does to force the Prime Minister, with a pre-drafted letter, to surrender in international negotiations

The implication here, parroted by people up and down the country, is that ‘leaving the EU’ is synonymous with the May/Johnson vision of ‘hard Brexit.’ That is, a ‘how’ founded on a sheaf of red lines and the threat of No Deal.

Depending on who says this, it may be an uniformed mistake, a ‘category error’ or a deliberately misleading piece of propaganda. Either way, it’s wrong… and it’s another thing that needs to be debunked succinctly, over and over again. Continue reading “The ‘Whether’ and the ‘How’ of Brexit”

Please Stop Calling Boris ‘Unelected’

Ever since Boris Johnson became Prime Minister last month, I’ve seen countless social media posts by my friends, and people with like-minded political views, branding him an ‘unelected’ PM.

It’s true that Mr Johnson was not leader of the Conservative party at the last General Election in 2017. That was Theresa May.

But under our parliamentary system, that doesn’t matter. We don’t directly elect a Prime Minister. We elect members of parliament, and those who can agree on enough come together to form the government. Continue reading “Please Stop Calling Boris ‘Unelected’”

‘People’s Vote’ and ‘Revoke Article 50’ have no place in Parliament’s Indicative Vote Process

Yesterday, the British Parliament once again ‘took back control’ of the Brexit process from our hapless government. MPs held another round of indicative votes on what Brexit policy might possibly secure a majority in the House of Commons. Once again a set of motions were tabled, and once again our representatives set about voting Aye or No to those selected.

Yet again, no motion secured a majority.

Other people have commented on how a series of binary votes is probably not the best method for weighing up many competing options. It prompts people to abstain or stick to only their preferred option, in the hopes of hanging-in-there, becoming the last idea standing. A ‘single transferable vote’ option, where MPs rank the proposals in order of preference, would be better.

But I’m not here for that. Instead, I want to say this: The ‘People’s Vote’ proposal (put forward by Peter Kyle MP) and the ‘Revoke Article 50’ proposal (tabled by Joanna Cherry MP) should have had no place in the ‘indicative vote’ process.

Why? Well, for two reasons. First, MPs are still considering how we might leave. What they need to show (to the European Union, to the government, to their colleagues, and to us) is what could plausibly be written into the Political Declaration that accompanies the Withdrawal Agreement, setting out what we hope the end state relationship with the EU will be.

Neither #PeoplesVote or #Revoke are about leaving the EU.

Instead, they are about process. The People’s Vote idea is compatible with any of the proposals for leaving the EU. It could be a requirement of Theresa May’s thrice rejected deal, Ken Clarke’s Customs Union, Nick Boles’ Commons Market 2.0, or George Eustice’s EFTA/EEA (which wasn’t voted on again last night).

Meanwhile, Joanna Cherry’s proposal is nothing at all to do with the Political Declaration. It is a sensible insurance policy against No Deal Brexit, saying that if we are in danger of crashing out of the EU then we either approve No Deal, or Revoke Article 50.

So while I think a People’s Vote and the Insurance Policy are both desirable, it makes no sense to consider them as options alongside proposals about markets, customs and trade. I actually think that the prospects for both proposals have been damaged by being mis-categorised in this way.

I Told You So! When Media and Tech Companies Fail To Self-Regulate, Governments Step In

Following the revelations about the harvesting of personal data by Cambridge Analytica and the ongoing worries about abuse and threats on social media, the UK House of Lords Select Committee on Communications last week began a new inquiry entitled ‘Is It Time To Regulate The Internet?’. At the witness sessions so far, peers have opened by asking each expert to comment on whether they favour self-regulation, co-regulation, or state-regulation.

The instinct to regulate is not limited to the U.K. Late last year senator Dianne Feinstein (D-CA) said:

You’ve created these platforms, and now they’re being misused, and you have to be the ones to do something about it… Or we will.

With the reader’s indulgence, these developments remind me of a point I made a few years ago at ORGcon2013, when I was speaking on a panel alongside Facebook VP for Public Policy EMEA, Richard Allan:

If we as the liberal free speech advocates don’t come up with alternative ways of solving things like the brutal hate speech against women, the hideous environment for comments that we see online, then other people are going to fix it for us. And they’re going to fix it in a draconian, leglislative way. So if we want to stop that happening, we need to come up with alternative ways of making people be nicer!

An audio recording of these remarks is on SoundCloud.

Its clear that neither Facebook, nor anyone in the technically minded audience at ORGCon, managed to solve the problem I raised. And lo! The legislators have arrived.

El Miracle de Miralles

I wrote this whimsy in a fugue state one evening in October after seeing this Tweet. Thank you Paul for the inspiration.

To say that the world was shocked when the Scottish Parliament building was suddenly transported 1000 miles into the centre of Barcelona, would be something of an understatement.

No similar, verifiable phenomenon had ever before occurred in human history. The field of physics was thrown into disarray, when not one scientist could offer an explanation for why a building with a footprint of some four acres should suddenly, and without warning, disappear from its site beneath the cragged, volcanic mountain of Arthur’s Seat, and reappear on the site of the Mercat Santa Caterina. Continue reading “El Miracle de Miralles”