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Some discussion on twitter this evening of the regulatory affairs of a certain Mr Banks. Here's his record. THREAD.
He has been fined by the Information Commissioner. bbc.co.uk/news/uk-politi…
A charity he set up (now wound up) has been ticked off by the Charity Commission. bbc.co.uk/news/uk-politi…
He has lost a claim in the tax tribunal (and the appeal) in connection with his funding of UKIP. bailii.org/uk/cases/UKUT/…
He was found to have committed a number of offences under electoral law. Not clear to me why the Electoral Commission (of which I am no fan) has deleted this report but I am not aware there has been any appeal. web.archive.org/web/2018120800…
And the National Crime Agency has refused to confirm or deny he is being investigated for other criminal offences. nationalcrimeagency.gov.uk/news/public-st…
He also promised to sue David Lammy and myself for libel. And didn't.
Now, I am sure he is loved by close relatives but, we need to be honest here, it's not an especially commendable record.
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Jo Maugham QC
@JolyonMaugham
This is really bugging me. One of the reasons why the guidance from @PHE_uk mustn't be conditioned by the available supply of PPE is that health care workers must have the right to choose whether to bear the huge risks of caring for patients without adequate protection.
It is really difficult for - especially junior - Doctors and nurses to say "I can't subject myself to that level of risk" if advice that "only low-level PPE is available" is missold as advice that "low-level PPE is adequate".
The reality is that there isn't the right PPE. Suing isn't going to conjure up more - and that's why @GoodLawProject won't bring those cases. Families who have lost breadwinners must be compensated but that also won't magick up PPE. But there is a problem that can be solved today
Read 4 tweets
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Jo Maugham QC
@JolyonMaugham
Question in my inbox for @PHE_uk from a GP:

'How can Govt advise social distancing of 2m in a public park for the asymptomatic but say it is ok for a care worker in a nursing home without an FFP3 mask to be within intimate distance of a COVID patient coughing up secretions?'
In two years time, a public inquiry will ask Government "why did so many health care workers, outside of ICUs, die" and Government will say "we were following the science".
But they weren't following the science. What really happened was that @PHE_uk gave advice that recognised that the NHS didn't have enough FFP3 masks to follow the science.
Read 6 tweets
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Jo Maugham QC
@JolyonMaugham
"An inquest can properly conclude that a soldier died because a flak jacket was pierced by a sniper’s bullet... it would [not] be a satisfactory tribunal for investigating whether more effective flak jackets could and should have been supplied by the MOD."
theguardian.com/society/2020/a…
That's a quote from Lord Phillips in R (Smith) v MOD (No 1) at paragraph 81. @GoodLawProject, however, is looking very closely at whether there are grounds in English or Scottish law to bring proceedings to compel an inquiry into PPE shortages.
Cc: @LordCFalconer.
Read 3 tweets

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