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Prelim thoughts on the #CoronavirusBill. Sweeping emergency powers have huge implications for #CivilLiberties. There must be meaningful parliamentary scrutiny including regular review by Parliament once the bill is passed #HumanRights gov.uk/government/pub…
It’s not so much the powers I object to in the circumstances but the length of time for which the Govt is proposing to grant itself these powers. Two years is too long. The powers shd require more regular renewal by Parliament.
As @bricksilk, the former Independent Reviewer of Terrorism Legislation has argued what is required is constructive scrutiny. This is our duty as Parliamentarians
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Joanna Cherry QC
@joannaccherry
Oh dear Gordon Brewer on #politicsscotland has misunderstood the process I’ve advocated regarding a consultative referendum. He’s still stuck on the outdated idea of a wildcat referendum which I have never advocated. What I’ve advocated is the following
Holyrood passes a bill to hold a consultative referendum then lets Johnson mount a legal challenge on whether they had the power to do so. The @UKSupremeCourt decides whether such a referendum is lawful Many legal experts think we would win the argument.
To lose would not set us back any further from where we are now. It’s a thought through political & legal strategy that’s not really that hard to understand and I do wish @BBCScotPolitics would get it right
Read 4 tweets
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Joanna Cherry QC
@joannaccherry
I do wish Brian Taylor would stop saying “it’s quite clear” that the power to hold a referendum resides at Westminster because that simply isn’t the case. The weight of legal opinion is that the Scotland Act is open to a different interpretation. #indyref2
If Holyrood passed a bill to hold a referendum it would be up to the UK Govt to challenge its competency & the @UKSupremeCourt would decide if it was competent. If they held that it was then you would have a “legal” referendum which might be hard to boycott
I’m not suggesting that this is a magic bullet. As @AileenMcHarg has pointed out the U.K. Govt could retaliate by retrospectively amending the Scotland Act to put beyond doubt that Holyrood could not hold a referendum
Read 9 tweets
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Joanna Cherry QC
@joannaccherry
Many people are asking me about the legal options if @BorisJohnson continues to frustrate #indyref2. @NicolaSturgeon will announce her plans later this week & for obvious reasons I’m not going to speculate. However #bbcgms just had a very good discussion
From 2 legal academics @AileenMcHarg & @PeatWorrier. It was a fair summary & less downbeat than some commentators. I won’t be saying anything for now except we must always remember in this situation litigation can only ever be a route to restoring democracy
Which is what I & my colleagues did with the #prorogation case. We restored democracy so parliament could perform its proper function. Independence is a political decision for the people of Scotland not for a court
Read 3 tweets

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Ruth Fox
@RuthFox01
Lots of discussion today about whether the length of #prorogation really matters given the upcoming party conference season. But conference recess hasn't been agreed. So we’ve crunched the numbers and yes, the length matters! (thread – 1/17!)
The government’s desire to bring this long session to an end and outline a new legislative programme in a Queen’s Speech could be met with a prorogation of one to two weeks. Anything longer than this is both unnecessary and beyond the norm. (2/17)
We do not yet know on which day between 9 and 12 September Parliament will be prorogued. The Order in Council states that it will be no earlier than Monday 9th September and no later than Thursday 12 September. (3/17)
Read 18 tweets
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David Henig
@DavidHenigUK
So to what extent are MPs and others (including myself) who have opposed the UK's Brexit deal to blame for what has happened? Exploring this leads to big questions about our system of Government to which I can offer only tentative thoughts 1/
Government is clearly the negotiator of international agreements, deploying a royal prerogative but with Parliamentary scrutiny under the 2010 Act. Under this Act Parliament can refuse to ratify a treaty - so the Royal Prerogative is limited to a degree 2/
Assume for a moment that there was not a two-year time limit on reaching a Withdrawal Agreement, in this situation Parliament would be fully within their rights to delay the agreement as long as they like, and would expect to do so if they were unhappy 3/
Read 11 tweets
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Holger Hestermeyer
@hhesterm
What is the WTO option? (Short thread) A short clarification: in the extreme sense, it means changing from what we have now to third-state status without any changes in the law.
It is this analysis that leads to alarming notes like “no planes will fly” etc. Many observers agree and are convinced it won’t come to that, because the parties would get together in late March 2019 and strik a set of emergency deals.
These would presumably be short, one-issue only deals, a whole list of them.
Read 6 tweets
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Doc Lawtist #FBPE #WATON
@doclaw13
1. The EU (Withdrawal) Bill the most important bill Parliament has deliberated for decades; its a constitutional and legal minefield. At present, my job is to amend several modules on an LLB Law course to prepare for Brexit. This thread highlights some issues.

#FBPE #WATON #ABTV
2. The EUW Bill does 3 things: repeals the ECA 1972; turns existing EU law into UK law; and gives govt Ministers the power to amend, discard and replace 'retained EU law' (EU laws converted into domestic law by the Bill). The latter equates to unprecedented Executive power.
3. The Bill's crucial for Brexit to happen, not least because the ECA 1972 has acted as a conduit for EU laws to be enshrined in domestic law for over 40 years. We've not the time to replace them with new legislation between now & March; a cut-and-paste approach has been adopted.
Read 16 tweets
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Hassan Hassan
@hxhassan
Updates from Deir Ezzor:
• Regime forces face a major loss in al-Shula after an ISIS desert counterattack, reverting recent gains.
• the battle is so far is conducted largely by the Russian airforce to pave the way for a possible second phase of Iranian-supplied ground forces
*reversing
The ISIS counterattack also reversed some of the regime's gains in Sukhnah.
Read 27 tweets

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