Lord Keen of Elie QC, Advocate General for Scotland & Ministry of Justice spokesman in Lords, giving evidence to EU Security & Justice Committee on EU Cooperation on civil justice & family law after Brexit parliamentlive.tv/Event/Index/e2…
Keen says the government is adhering to the rule in the Internal Market Bill. He says the proposition that the Bill breaks international law is not correct. He's concerned that it has coloured so much of debate in last few days.
Keen said that in stating that the government would be breaching international law, Brandon Lewis answered the wrong question and as a consequence, the whole matter has been taken out of context.
Questioned later on his opening remarks re Brandon Lewis answering wrong question re Internal Market Bill, Keen draws analogy with the scenario were I go into bank & take £1,000 off the table & leave - that's in breach of law. But ...
... if you omitted that fact I handed over a signed check drawn on a solvent account you get a completely different impression. Keen says we have that situation here.
Keen says Bill not breach treaty or international law. In theory it could have that effect, but that's not its purpose – purpose is to address UK’s remedies under int law in absence of good faith by EU or if EU’s behaviour fundamentally changes obligations under protocol.
We hope these eventualities never emerge, but we have to prepare ourselves to deal with them - we can't reach the 11th hour to conjure up primary legislation to deal with s7(a) of withdrawal act.
These are contingent powers, and we will only do this if it's absolutely necessary & in doing it we will present the regs to parliament with an explanation as to why we require them.
Keen says he can't comment on whether the BBC was wrong in reporting today that Brandon Lewis's precise words were cleared through the government machine.
Justice minister Lord Keen has offered to resign -- see earlier tweets from yesterday where he tries to grapple with the fact that a member of cabinet admitted the government was going to break the law. bbc.co.uk/news/uk-scotla…

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More from @legalhackette

6 Sep
I know it's Sunday, so apologies to go on, but the law change announced today to keep people locked up for EIGHT months BEFORE conviction is appalling & so's how it's been announced. Here's a short thread on the release from @MoJGovUK & @RobertBuckland gov.uk/government/new…
1. When people who are charged with criminal offences that they deny & are refused bail, there are maximum periods set in law for how long they can be detailed before trial - these are known as "custody time limits". In crown court, normally people can be held for 182 days.
Once the custody time limit expire prosecutors can apply for them to be extended, but unless there is a “good and sufficient” reason to extend them, defendants can be released on bail.
Read 27 tweets
7 Aug
I popped to Prospero House this morning to check out how 1 of the 10 extra Nightingale courts, opened to help the backlog of cases, is going. It's 1 of 3 extra courts dealing with crime. As a sister court to Southwark Crown Court, MoJ said it would do fraud & white collar crime.
There are three courtrooms as Prospero House, which opened on Monday. Every day this week, except Thursday, only 2 of the 3 courts there were sitting. Court 2 has not been used, except for a pre-trial review yesterday.
earlier this week, Court 1 had a four-day fraud (offences committed in Oct/Nov 2018) and Court 3 had a four-day conspiracy to defraud trial (offences in Oct 2017 & July 2018). Convictions in both cases yesterday.
Read 20 tweets
22 Jul
The moment when former Supreme Court justice, Lord Sumption, admits he broke the law. A little thread on one of the highlights from his convo with @JoshuaRozenberg last night, in a webinar organised by @BinghamCentre & @prospect_uk
Asked if he thinks regulations made by parliament should be obeyed, Sumption says: "I don't accept that there is a moral obligation to comply with the law. I do think there's a civil obligation to comply with the law if you are satisfied with the way the law has been made."
Sumption: "I have certainly myself complied with the regulations until I came to the conclusion that they had gone on longer than even the government's own justification could support - when finally, I just stopped."
Read 13 tweets
19 Jul
I've just been on @BBCNews talking about the 10 Nightingale courts announced today. I don't know how to post a video or it, but here's a screenshot.
And here are some fun facts about the Nightingale Courts: The Ministry of Justice were not able to tell me how much they cost. The first, at council building Palliant House in Chichester, will open on Monday to hear family cases. Chichester Combined Court was closed in 2018.
Two of the Nightingale venues -- Telford County Court and Fleetwood Magistrates Court -- were closed in the last three years.
Read 17 tweets
27 Apr
LEGAL CHALLENGE to @RobertJenrick's failure to provide emergency funding for adequate accommodation for domestic abuse survivors during the Covid-19 crisis, by @SBSisters and @publiclawcentre, after record numbers of women killed.
Between 23 March and 12 April 2020, the number of recorded killings of women rose from a weekly
average of two deaths per week to an average of five deaths per week, a total of 16 killings within a three-week period.
During lockdown, the Metropolitan Police have arrested an average of 100 people a day for domestic abuse-related offences and have received a 30% rise in domestic abuse calls.
Read 9 tweets
2 Apr
UPDATE: PoIice & @cpsuk say woman fined £660 for breaching #coronavirus act was charged under an INCORRECT section of the Coronavirus Act 2020.

They have asked North Tyneside Magistrates’ court for case to be relisted & conviction set aside. media.btp.police.uk/r/17169/corona…
Deputy chief constable Adrian Hanstock said “There will be understandable concern that our interpretation of this new legislation has resulted in an ineffective prosecution
“This was in circumstances where officers were properly dealing with someone who was behaving suspiciously in the station & who staff believed to be travelling without a valid ticket ... Regardless, we fully accept that this shouldn’t have happened and we apologise."
Read 9 tweets

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