This is very good indeed. A couple of comments (with the odd excursion into subsidy policy, as that’s my hobby).
1. I’m pretty sure Edgerton isn’t saying this, but there’s a danger of looking back at 1950s-1970s corporatism (subsidies/weak competition policy) with rose-tinted spectacles. The British state wasn’t much good at it: the Tories and then Labour abandoned it for good reasons.
2. But I think he is on the nail in pointing out the deep lack of capacity now of the British state. That is one reason why I don’t think a “trust us to be competent” (or even “trust us to be honest”) approach to subsidy policy is sustainable.
Nor do I think that that lack of capacity can be tackled by recruiting officials from diverse or eccentric backgrounds into the centre (the Cummings approach). Rather, the problem is the centre: its overload and lack of accountability.
The current government’s approach of weakening accountability (ignoring Parliament/contempt for local and devolved govt/attacks on judicial review) and increasing centralisation is precisely - 180 degrees - the wrong approach.
In subsidy control, that manifests itself in a hostility to any form of scrutiny or control of subsidy decisions (while undermining the devolved govts by taking power in the IM Bill to subsidise No10’s pet projects throughout the UK without any legal constraint).
If you want to strengthen state capacity, you need to strengthen, not weaken, accountability and scrutiny. Transparency. Accepting Parliamentary scrutiny. Acceptance of judicial review and legal standards as a way of ensuring evidence-based and fair decision-making.
And you need to decentralise power away from Whitehall (and that doesn’t mean taking *officials* out of Whitehall and putting them in the provinces: it means taking *power* out of Whitehall).
No-one who knows Germany at all thinks it’s perfect. And the UK is a different country. But at the heart of Germany’s relative success in having a capable and effective state - in subsidies as elsewhere - is its insistence on decentralisation and on strong legal accountability.

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More from @GeorgePeretzQC

19 Oct
The first sentence is (subject to (b) below) correct: Article 12(1) of the Protocol. But the second is false, because (a) EU officials have the right the EU is seeking (Article 12(2) of the Protocol) and Image
(b) Article 12(1) is “without prejudice to [Article 12(4)]”, which gives EU bodies in the UK the powers as regards the Protocol that they have in the EU under EU law.
So Moylan’s third sentence is also incorrect: the answer is “yes”.
Read 4 tweets
19 Oct
This essay on judicial review, democracy, and the Left is now online at @thefabians website. fabians.org.uk/wp-content/upl…, from page 23.
One of the points made is along the lines of my recent thread here: it’s that the alleged tension between effective government and judicial review/human rights protection is illusory.
The vision of the state that is at the heart of the social democratic/Fabian tradition is a state that provides people with the services and support that they need in order to flourish. Such a state needs to be effective.
Read 6 tweets
18 Oct
I looked at this piece by @michaelgove in an effort to understand what it is that prevents the current government from agreeing a free trade agreement with the EU. thetimes.co.uk/article/michae…
I find this as “explanation”.
What are these “restrictions” and “arrangements that tie our hands indefinitely” that we are being asked to sign up to? Oddly, given that we are asked to be shocked and outraged, no details are provided.
Read 12 tweets
16 Oct
This, by @iainmartin1, is a hopeless misreading of the real problem: the failure of the U.K. government to make any acceptable proposal on a subsidy regime.
As I explain in the thread, the current government’s position on a subsidy regime has veered all over the place over the past year. Slight move back to the original position recently, but still hedged around by hopelessly ambiguous language (“administrative” regime).
Read 4 tweets
16 Oct
It is, I think, rather an over-statement by @SBarrettBar to describe this as a “consensus”: especially on a day when @HLConstitution said that it was an “open question”.
See
Nor, I think, is it right to say that the issue of whether there is a measure is straightforward.
Read 4 tweets
16 Oct
This is savage criticism of every aspect of the Internal Market Bill.
Powerful criticism of the devolution aspects of the Bill. Like me, the Committee considers that the @Michaelgove claim that this is a “power surge” to devolved governments is “surprising”: their Lordships’ euphemism for “complete tosh”.
As to the aspects of the Bill dealing with the Protocol and breaching international law, they are damning. They have this to say about @SuellaBraverman and her advice.
Read 5 tweets

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