A short potted history of the BBC's coverage of Vote Leave's cheating in the Referendum.
It begins here, when @GoodLawProject began judicial review proceedings against the Electoral Commission. A balanced piece of coverage (by Brian Wheeler.) /1 bbc.com/news/uk-politi…
Next. The Electoral Commission having vigorously denied the allegations before @GoodLawProject issues proceedings it then agrees to reopen the investigation when we do. Again, fair reporting (by Brian Wheeler). bbc.co.uk/news/uk-politi…
Next. It becomes clear to Vote Leave the Electoral Commission is going to find against it. The BBC agrees to carry a story from Matthew Elliott on the day after the England World Cup match. Look at the sequencing (and the summary "refuting the findings"). bbc.co.uk/news/uk-447031…
I make this point - remember the BBC can carry this story whenever it wants - and the BBC's Editor, Live Political Programmes smears me (not for the first or last time) as a conspiracy theorist.
Now at this point in time, only two groups have seen the draft report: the Electoral Commission (who can't talk) and Vote Leave. No one can second guess what Matthew Elliott says about the draft report. At this stage the coverage is taken up by the BBC's Laura Kuenssberg.
And here's what she reports. This is the softening up article on 21 June.
She allows Vote Leave to mark its own homework. She doesn't come to @goodlawproject for a quote. She treats the offender's word as being of the same value as the regulator's. bbc.com/news/amp/uk-po…
And then the notorious 4 July article. Again by Laura Kuenssberg. No one else has seen the report at this stage. She doesn't come to @GoodLawProject for comment. She gives Matthew Elliot free reign. An extraordinary piece of reporting from the BBC. bbc.co.uk/news/uk-politi…
The BBC also, separately, carries this interview between Laura Kuenssberg and Matthew Elliott in which he is given free reign to undermine the findings of the Electoral Commission. bbc.co.uk/news/av/uk-pol…
At this stage the damage is done. The hugely dominant BBC has allowed itself to be used completely to undermine the findings of the Electoral Commission that Vote Leave cheated at a time when no one else could respond.
Then in September comes the judicial review finding in which the High Court also finds Vote Leave cheated. The BBC initially prints a highly inaccurate story and I am furious about it on twitter. Brian Wheeler eventually comes to me and amends his story. bbc.co.uk/news/uk-politi…
The BBC nevertheless carries this lengthy quote from Matthew Elliott which is simply and demonstrably false. The BBC makes no effort to interrogate the falsehoods it is producing.
There then follows a lengthy period in which the BBC carries more broadcast interviews with Leave campaigners smearing the Electoral Commission's findings. My only appearance on the BBC is back in June 2018, when I have not seen the findings and before the court judgment.
Finally yesterday, Vote Leave admit the inevitable and throw the towel in. The BBC carries a short piece with a lengthy self-serving quote from Vote Leave. No real comparison with Vote Leave's original bluster. Again, no quote from @GoodLawProject. bbc.co.uk/news/uk-politi…
The real penalty for cheating is political. It undermines the validity of the result - a fact acknowledged even by Matthew Elliott.
This is why the BBC's failures matter. The BBC allowed itself to be used to reduce or extinguish all political penalty.
Earlier this month we published leaked data showing that Ministers had misled Parliament, the High Court and the National Audit Office over the size of the VIP lane. goodlawproject.org/news/ministers…
When, in October 2020, we published details of the existence of the VIP lane the story was not picked up by the media who could not believe it was true.
Our February 2022 story has had a similar reception. Save for small pieces in The Independent and The Times, this incredibly important story has gone largely unreported.
So, we've had some questions in from The Times and so I thought I'd share our responses here.🧵
The first suite of questions is about standing. And the effect of the Divisional Court's decision on how we work.
To that first suite of questions we have said:
Sometimes, as with the Runnymede case, we’ve worked with partners who clearly have standing. Sometimes we have standing ourselves, as the Courts have repeatedly confirmed. Sometimes we have achieved the outcomes we want by backing cases brought by others.
What Boris Johnson's premiership has shown is how those who rule us - VIP Tory donors, politicians, newspaper proprietors, and the rest of the entitled Establishment - hate being held to the same rules as normal people.
And if you seek to disrupt their ugly status quo they really, really don't like it. Several days after, yes, that Boxing Day I was messaged by a sympathetic Tory insider thus:
This was after I had been monstered for killing a single fox which was caught in netting attacking my chickens on the front page of the Mail. Yes, the Mail whose proprietor's wife boasts in the society pages about her love of hunting - the routine killing animals for fun.
So frustrating to have to read perhaps the leading Anglophone intellectual refracted through such such a thick lens.
No doubt the Guardian had its reasons.
Inadvertently revealing of how reduced some have become, that they could consider taking a mind as majestic as Atwood's and try to fix it into a box of their making. Doesn't she deserve better?
Key point, for law students: how the political mood music affects the application of the law. If the mood music is unfavourable that helps your prospects of losing and if it is favourable it helps your prospects of winning. theferret.scot/trans-men-and-…
The principle extends beyond trans issues (England, hostile; Scotland, supportive). During the 'Brexit years' we brought a whole bunch of cases that we won in Edinburgh but we would have lost in London.
All sorts of interesting applications given that the Government can often be sued throughout the UK and English courts are becoming more hostile to challenges to the Executive.
Hancock, a man three times found to have broken the law, including yesterday is on his high horse. Tell your publican. Or the taxpayers who'll pay for your illegal VIP lane. Or the woman you had an affair with in lock down. Or the ethnic minorities or disabled people you ignored.
The sheer front of these sleazy little men. They really do think they are too good for the law. They have no care for how they betray those who work hard and pay taxes to fund the public purse which they use as an illegal treasury for their VIP associates.
Number of times Matt Hancock has broken the law: three (so far).
Number of times I or Good Law Project have broken the law: zero.