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George Peretz QC Profile picture
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19 Oct, 4 tweets, 1 min read
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
(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”.
Moral: read the text of the WA agreed by the current government before accusing the EU of bad faith.

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More from @GeorgePeretzQC

George Peretz QC Profile picture
19 Oct
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.
Read 9 tweets
George Peretz QC Profile picture
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
George Peretz QC Profile picture
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
George Peretz QC Profile picture
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.
See
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
George Peretz QC Profile picture
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
George Peretz QC Profile picture
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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