David Anderson Profile picture
Lord Anderson of Ipswich KBE KC: cross-bench peer, @HLConstitution; Prevent Commr; Chair, Inter Mediate, @UCL_EI; Vis Prof @KCL_Law; AFPS; ex-@terrorwatchdog

Jan 15, 2020, 6 tweets

My speech today on #WAB clause 26 and executive encroachment parliamentlive.tv/event/index/98… (transcript will follow here hansard.parliament.uk/lords/2020-01-…). The whole debate was gripping (by @UKHouseofLords standards) and well worth a look or read. /1

Clause 26 embodies two widespread errors in modern legislative practice: over-delegation, and the seeking of powers without a plan for how to use them. /2

What lit the blue touch paper here was the use of those sloppy and dangerous practices in an incredibly sensitive area: executive authority to direct the judges. The anger of senior judicial figures (though politely expressed) is palpable. /3

No coherent defence of the clause (which has no effect on Brexit) was made, and in normal times the Minister would have agreed to revisit it before report stage. But this is an iconic Bill, and we don’t seem to live in normal times ... /4

Debate on this will resume on Monday or Tuesday, with our star striker Lord Pannick(detained in the Supreme Court today) restored to the pitch. /5

Watch this space! /ends

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