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True. But also worth MPs interested in trade policy (some of whom follow me) thinking about an APPG (all party Parliamentary group) on trade policy. I’m sure Trade Twitter and friends could put together a programme of events to help inform such a group.
Any interest to eg @AngusMacNeilSNP (chair of @CommonsIntTrade in the last Parliament)?
DM me if interested!
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George Peretz QC
@GeorgePeretzQC
Interesting discussion. Two great contributions by Lord Sumption, responding to Martin Howe.
In response to Howe’s attack on Miller/Cherry (citing Finnis against but not mentioning the general support for the SC in the academic community): the common law has never accepted that a public officer can exercise a public power and be accountable to no one.
In response to Howe’s attempt to distinguish between JR of measures affecting individuals and measures of public policy: that amounts to saying that an unlawful act can’t be subject to JR as soon as it is said to be a matter of policy.
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George Peretz QC
@GeorgePeretzQC
This is an interesting piece by @snlester for @UKTradeForum suggesting that the EU and UK agree that trade remedies as between them be decided by a joint tribunal and not by their domestic trade remedy systems. uktradeforum.net/2020/01/16/the…
(For a “Trade 101” explanation of trade remedies see uktradeforum.net/2017/10/10/tra…).
That would be an improvement on the “consult the other side before imposing remedies” rules and agreement on eg the lesser duty rule europarl.europa.eu/doceo/document… that you find in the Arts 46ff EU/Ukraine DCFTA. trade.ec.europa.eu/doclib/docs/20…
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George Peretz QC
@GeorgePeretzQC
This is interesting in the context of the promised repeal of the Fixed Term Parliaments Act. (Article 13.2 of the Constitution of Ireland.)
NB that there might be some hesitation about conferring a power on the Queen in quite those terms (inviting her to judge whether the PM has a majority in the HoC) - though it reflects the pre-FTPA practice.
One suggestion might be to make her power to agree conditional on the Speaker certifying that the Government would be likely to win any motion of “no confidence”: that would cast the political judgment onto the Speaker, and make the Queen’s agreement/refusal a mere formality.
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