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George Peretz QC
@GeorgePeretzQC
, 3 tweets, 1 min read Read on Twitter
When reading these threats from No 10 I can’t help but remember that the only major U.K. party in the last 200 years openly and unashamedly to advocate mutiny and sedition against the Government was ... the Conservative and Unionist Party.
(Its no holds barred campaign against Home Rule and the Asquith Government, 1911-14.)
(A campaign that was in the end entirely destructive and self-defeating: its success in delaying Home Rule led directly to the end of the Union with Ireland in 1922.)
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George Peretz QC
@GeorgePeretzQC
The “very specific narrow duty” reading is not a plausible reading, if it suggests that the Government could send simultaneous messages (public or private) contradicting the required letter.
I can’t see that any court would read the Act that way, as it would frustrate its self evident purpose. Why would Parliament have bothered to require the Government to write a letter if the Government could simultaneously subvert it?
Use of a power to “thwart or run counter to the objectives” of an Act of Parliament is a well-established ground of judicial review: the Padfield case (1968).
Read 11 tweets
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George Peretz QC
@GeorgePeretzQC
That is a critical point: as his “bridge to nowhere” comment shows, Johnson is aiming at a long run arrangement with the EU that avoids all alignment or level playing field (LPF) commitments.
That is supposed to be a Canada-style FTA. But the likelihood is that if LPF commitments aren’t on offer from UK, a Canada style FTA won’t be on offer from the EU. The UK is too large and close to be allowed such favourable access while eg subsidising/undercutting as it pleases.
And all the promises of frictionless trade and continued easy access to the EU - all the talk of a compromise Brexit from Johnson and Gove - become mere chaff.
Read 4 tweets
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George Peretz QC
@GeorgePeretzQC
There are really three points here about the constitutional position of NI under the Johnson proposal.
1. If Stormont is to be given a key role, it would be helpful if there were any sense that there is a route map to its restoration. Not obvious that there is.
2. As Stormont operates on the basis that both sides of the community have to agree, the default position if they don’t agree is critical. As the default is to leave the EU regulatory regime, that effectively gives the DUP the power to ensure that that happens. Hence “veto”.
Read 5 tweets

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