Jessica Simor KC Profile picture
Sep 14, 2020 7 tweets 2 min read Read on X
Much atttention has been paid to the fact that the Internal Market Bill puts the UK in breach of international law. It also however, raises extremely serious questions of domestic law with far reaching implications outside of this specific legislative context.#internalmarketsbill
Clauses 42, 43 and 45(2) allow Ministers to adopt regulations in respect of controls on NI-GB imports & state aid, allowing Ministers to disapply any domestic law or remedy. The far reaching nature of these enabling clauses is extraordinary. Let us consider some hypotheticals:
State aid contingent on support for a particular political party; the exclusion of the bribery act; the imposition of a nationality requirement in relation to imports; the imposition of a discriminatory charge; the exclusion of FOI, individual tax benefits; secret guidance etc.
All in all, this is a charter for corruption. And don't assume that this cannot happen. Orban has used law to create a network of business support. Businesses know that in order to obtain licences etc, it is necessary to provide support to the party.
Finally, if this Bill goes through with clauses 42-45 then we can expect similar clauses in future bills. They will of course be litigated and no doubt the common law will to some extent come to the rescue. But we cannot wait for this. Parliament must act now to stop this Bill.
Here is but one example: ft.com/content/a0a593…
Crises provide opportunities for corruption: ohchr.org/Documents/Issu…

• • •

Missing some Tweet in this thread? You can try to force a refresh
 

Keep Current with Jessica Simor KC

Jessica Simor KC Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

PDF

Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @JMPSimor

Sep 26, 2023
I was privileged to act for EHRC in HJ v Iran . The SC accepted the EHRC's submission that one's sexuality is integral to one's identity & hiding it to avoid persecution amounts to a fear persecution. 1/ supremecourt.uk/cases/docs/uks…
Persecution has a specific meaning, which is properly applied by the UK Courts. It is not the same as discrimination and never has been (see last tweet in thread for Lord Hope on this). Image
The signatories to the Refugee Convention would not have recognised persecution of homosexuality because well after the Nazis they perpetrated it themselves. In the UK Alan Turing was chemically castrated in 1952...and homosexual acts were not decriminalised until decades later.
Image
Image
Read 4 tweets
Jun 16, 2023
There are two barristers promoting the idea that the PoC was not fair because it did not meet the same standards as a judicial body. This is to miss the key point that the PoC is not a court; it is not applying legislation enacted by Parliament & applicable to everyone. 1/
It is Parliament acting as a sovereign body, controlling the conduct of its own members according to its own rules & standards. That is its prerogative, which cannot be questioned in any court: Art 9 Bill of Rights. 2/
That is why Pannick’s Opinion as to what criminal contempt would require in the courts in respect of conduct by any member of the public was irrelevant as regards the conduct of an MP/the PM - and dismissed as such by the PoC legal adviser 3/
Read 10 tweets
Apr 24, 2023
@mrjamesob The National Conservatism Conference is being held in London between 15-17 May: nationalconservatism.org/natcon-uk-2023/
@mrjamesob National Conservatism and the conference is supported by the Edmund Burke Foundation: nationalconservatism.org/people/
This seems essentially to be a US foundation.
Read 4 tweets
Feb 27, 2023
This is an “Enemies of the People” statement by the Home Secretary and in breach of her duties as a Minister under s. 3 of the CRA 2005 & the Ministerial Code. Will the Lord Chancellor @DominicRaab discharge his statutory duty & hold her to account?
Now the MPs ride in to add fuel to the fire lit by Braverman. I cannot stress how dangerous this is. MPs should understand the basics of the rule of law. They should respect it. They should not stoke hatred - nor try and undermine the judiciary.
Read 5 tweets
Oct 27, 2022
This is a very good sign. The Retained EU Law (Revocation and Reform) Bill 2022 is both dangerous & deeply unserious - frivolous even (naive if one's being kind). Performative law making that is likely to cause chaos and yet more unforced errors.
EU law became part of domestic law from 1973 by virtue of Parliament enacting the EC Act 1972. Technically, there was from that date no such thing as "EU law". That term remained, however, as a shorthand to delineate the applicable legal rules, both procedural and substantive.
In reality, though there is no strict separation. For example, states decide how to implement directives. In the UK this was often done in the context of wider purely domestic legislative objectives, including by Ministers exercising powers under other Acts apart from EC Act 1972
Read 7 tweets

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Don't want to be a Premium member but still want to support us?

Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal

Or Donate anonymously using crypto!

Ethereum

0xfe58350B80634f60Fa6Dc149a72b4DFbc17D341E copy

Bitcoin

3ATGMxNzCUFzxpMCHL5sWSt4DVtS8UqXpi copy

Thank you for your support!

Follow Us!

:(