George Peretz KC 🇺🇦 Profile picture
Apr 30, 2021 11 tweets 3 min read Read on X
Worth reading this response by the Administrative Law Bar Association to the current government’s latest consultation on “reform” to judicial review. adminlaw.org.uk/wp-content/upl…
(Disclosure: I had a very minor hand in it - but not in any of the paragraphs I’m going to quote.)
Opening salvo. The current government’s description of the findings of the independent review is simply false, in critical respects. ImageImage
Opening comments on the proposal to make JR remedies “prospective only”. Image
Unimpressed with the quality of drafting and analysis in the consultation paper. Image
Why there should be no presumption against annulment of statutory instruments found to be in excess of Ministers’ powers: the Parliamentary veneer on them fails to conceal that they are exercises of executive power with no real Parliamentary scrutiny. ImageImage
On muddled proposals on ouster clauses (muddled but generally tending towards making it easier to defend them.) Image
(“Ouster clauses” are provisions that try to restrict judicial review of certain decisions.)
Why Conservatives really need to reflect before suggesting that ouster clauses are a good idea. Image
(I enjoyed “specific and limited”.)
But there’s plenty more here: a comprehensive demolition of a set of proposals that managed, in critical respects, to be simultaneously incoherent and sinister.

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More from @GeorgePeretzKC

Apr 19
Some brief comments on the European Commission’s proposal to get a mandate to negotiate a youth mobility agreement with the UK. ec.europa.eu/commission/pre…
1. The EU is not there yet. The mandate has to be agreed by the Council of Ministers: probably by qualified majority. And it isn’t clear whether a final agreement would need to be ratified by all Member States as well as the EU itself.
2. If the EU does agree a mandate, that is likely to slam the door on any attempt by the UK to negotiate youth mobility agreements with individual Member States (because they have a duty of sincere cooperation). So any agreement would have to cover (say) 🇧🇬 as well as (say) 🇫🇷.
Read 17 tweets
Apr 1
A bit of background on this. (And if you don’t want to £ for The Times, the i has the same story here ) independent.co.uk/news/uk/scotti…
See also @scotgov’s letter to @DefraGovUK here. gov.scot/publications/g…
As you can see, the Scottish Parliament wants to pass a law banning the sale of glue traps.
Read 36 tweets
Nov 17, 2023
Even as realpolitik, this “plan” by @Dominic2306 fails. It ignores basic realities.
1. No plan to “stop the boats” (chase them into French waters, destroy them on (French?) shores) or to send refugees who do land here to other countries (safe, because otherwise UK public opinion, let alone law, won’t wear it) works without cooperation of those countries. Esp. 🇫🇷
2. Those countries won’t do deals or cooperate just because it suits the UK. And France is (and French voters are) well aware that France takes many more refugees than we do.
Read 13 tweets
Jul 27, 2023
Not a serious contribution by @DavidGHFrost, because it produces no serious policy proposal. But a couple of points first.
1. It is of course true that big business (and the professions) can be a bit politically uniform. When I started out in the early 90s, the commercial Bar ( the profession I know best) was pretty much solidly Conservative (and certainly conservative).
To the point that aspiring pupils were sometimes advised not to mention eg chairing their university Labour club in their application.
Read 16 tweets
Jul 25, 2023
Full report Windsor Framework (WF) report by @LordsEUCom Protocol sub-committee here . I will concentrate on areas where I gave evidence to the Committee. https://t.co/eyeHRrgNjncommittees.parliament.uk/publications/4…
On State aid. I entirely agree with @jamesrwebber’s points, made separately. And with the conclusions. The basic point: Art 10 remains a serious issue for any major cross-UK subsidy programme (Green New Deal/pandemic subsidies): in practice it will have to be cleared by the EU.

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It also remains potentially applicable even to measures that don’t immediately and on their face cover NI: see eg James’ car battery example.
Read 8 tweets
Jul 13, 2023
This is a fascinating judgment that contains (in judicial language) pretty savage comments on the government’s (and in particular Kwasi Kwarteng’s) decision-making, and on its compliance with the duty of candour. https://t.co/NmPB017j68judiciary.uk/wp-content/upl…
Also some important public law legal points on the duty to consult and whether a court can refuse to quash the decision on the basis that it’s highly likely that the result would have been the same without the public law error.
Basically, the case is about the government’s decision in 2022 to remove rules that stopped employment agencies from providing workers to replace strikers. It was under a statutory obligation to consult representative bodies before it did so. Image
Read 21 tweets

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