This rejected clause is the provision that makes subsidy control a reserved matter - giving Westminster power to legislate to impose a subsidy control regime on the devolved parliaments without breaching the Sewel convention.
Note, though, that clause itself is a breach of the Sewel convention, since it takes power from the devolved parliaments without their consent. Paradox number 1.
Paradox number 2 is that the current government’s current declared plan for a subsidy control regime is ... not to have a plan. We might do something some time if we feel like it.
That means that clause 44 is a bit like laying the foundations for a building when you can’t say what type of building you want, or any idea when or even if you will build it.

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More from @GeorgePeretzQC

27 Nov
This an incoherent and, frankly, silly way of thinking about the issues here. All treaties - all contracts - involve a surrender of freedom of action (“sovereignty”).
The question is whether what you are agreeing not to do is something you value doing so much that you will sacrifice all the benefits of an agreement in order to keep the ability to do it.
So when the EU insists on the UK operating a robust and independent subsidy control regime, the meaningful question is whether the things we couldn’t do in such a regime are things we really want to do.
Read 7 tweets
26 Nov
The problem with the proposed position emerges down the article, when the author accepts that if there were any chance that the implementing legislation might be defeated (eg a large Tory rebellion) Labour should abstain.
So the suggested vote against is purely symbolic, and contrary to what Labour (and the author) actually wants, which is to get the legislation passed (given what will happen if it isn’t: the lesser of two evils).
Read 6 tweets
23 Nov
An obviously fatal problem with @danielmgmoylan’s point is that the only viable alternative (independence) is one that he objects to even more.
But the point exhibits a peculiarly English Tory type of constitutional reductionism. Many, if not most, federal or devolved systems exhibit a constant tension between central and sub-central units, and constant bargaining over powers.
That can be healthy: political tension and conflict, and divided power, is often a good thing. Read Machiavelli or the Federalist Papers.
Read 5 tweets
22 Nov
This piece is a bit confused but draws attention to an important point.
The SI it refers to revokes the recognition *in the UK* of the EU common ski instructor test: legislation.gov.uk/uksi/2020/1038… (see (a)).
But - obviously - that doesn’t affect anything happening in the EU. The reason why training UK national ski instructors have to get their Eurotest qualification in December is that as a matter of EU law the regulation setting up that test applies only to EU nationals.
Read 10 tweets
21 Nov
Really, as the Torygraph’s chief political correspondent, @christopherhope should know that senior civil servants are *already* subject to performance reviews. This is basic.
Also, it is a myth (derived from one of the less accurate episodes of “Yes, Minister” that Ministers are forbidden from talking to (or “quizzing”) “junior civil servants”.
The real story - which @christopherhope may have missed - would be if Patel (after several years as a Minister) or her Spads still haven’t cottoned onto the fact that senior civil servants have performance reviews or that she can talk to junior civil servants if she wants to.
Read 5 tweets
17 Nov
This is fascinating: and also provides a case-book example of the potential value of judicial review. Thread.
Preliminary and important observation: I cannot speak for the accuracy of Matthew’s story - and like any journalistic account, it doubtless leaves out much of relevance. In particular, the case for a lockdown probably didn’t really depend wholly on the 4,000 deaths/day estimate.
So let’s make this a bit abstract (but as the story shows, a realistic abstraction).
Read 14 tweets

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