One under-discussed aspect of threats by the U.K. government to breach/ignore the I/NI Protocol: it needs to be remembered that non-compliance with the Protocol is also non-compliance with *domestic* U.K. law which the U.K. government has no *domestic* power to over-ride.
See s7A of the Withdrawal Act.
Subject to issues of standing (which are these days rarely decisive) the U.K. courts could be asked to make orders (declarations/injunctions) to restrain any government attempt to waive or legislate to remove Protocol obligations.
And in some cases third parties could seek damages for breach.
Nor can the U.K. government do much in the short run about that risk: it would have to get primary legislation through Parlt that expressly cut back section 7A. Which - as last year showed - would face overwhelming opposition in the House of Lords (which has powers of delay).
(Not to mention that such legislation would also be a flagrant breach of the WA - so exposing the U.K. to sanctions/remedies under the WA and TCA as well as damage to the UK’s deep interest in a rules-based world trading order.)
That possibility of *domestic* legal action needs to be added to the list of possible EU responses set out here to what could be called “salami-slicing” (sorry) U.K. govt tactics in response to the “sausage issue”.
(See here by @HCH_Hill for an explanation of the salami-slicing tactic: conservativehome.com/thetorydiary/2…)

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More from @GeorgePeretzQC

11 Jun
I think it’s important to explain why this take by @Dominic2306 is wrong (particularly as the thread goes on to call for - unspecified - JR reforms, on the basis that this shows why JR is damaging to good government). (Long thread)
First, when reading his criticisms of the detailed procurement rules, remember that the judge actually found that (apart from the apparent bias issue) the government complied with those rules and was entitled to use the emergency procedures.
(Judgment here: see grounds 1 and 2 - paras 71-131.) drive.google.com/file/d/1zf_3NX…
Read 31 tweets
10 Jun
One obvious difficulty with the “unequal treaty” line is that those now saying it rather conspicuously didn’t at the time. This, by one @AllisterHeath. And, of course, the Tory manifesto presenting it as a “great deal”.
In one sense, that is history: if it’s a bad deal, then it doesn’t become a good one just because those (like @AllisterHeath) who now denounce it praised it (or at least went along with the “great deal” line) at the time.
But that masks the problem that making the Protocol work (or, for those determined to find an an alternative, getting agreement to any alternative) requires trust. And trust is in short supply, largely because of the current government’s conduct.
Read 5 tweets
9 Jun
An example of the line between classical liberalism and Toryism being quite blurry.
To back up that point: consistent classical liberalism - eg Nozick - recognises that there is little or no justification for existing structures of wealth, property, and power. They are not products of voluntary transfer and exchange.
But faced with that problem, the classical liberal approach is typically to ignore or forget about it - at least in practice.
Read 11 tweets
7 Jun
It’s always worth reading @HelenHet20 but I’m not clear from this piece what she thinks the English Question actually is. I think that that may be because she is confusing two questions.
One “question” is about English identity: where it is a commonplace since Orwell that the left can struggle to sound as if it likes England very much. I have various thoughts about what to do about that but it isn’t really my area.
But the other question is about accountability and say in decision-making. That is a question about local government/devolution/bringing decisions closer to home: and to the extent that Helen seems to be denying that there’s a demand for that in England, I think she’s wrong.
Read 8 tweets
6 Jun
Final day of #Coast2Coast! Littlebeck to Robin Hood’s Bay. Littlebeck woods: ImageImageImage
Whitby Abbey in the distance. Image
Can’t go east any more. Image
Read 5 tweets
5 Jun
One principle of good regulation is that it should prevent activity you don’t want while not impeding activity that you do want.
Regulation that stops EU school parties visiting the U.K. (which we presumably do want) while not in practice preventing holders of EU ID cards who want to dodge the passport requirement from slipping in via Ireland does not, in any obvious way, pass that test.
NB another example of why immigration control should be taken away from the Home Office and given to an economic department (my vote would be a Department of Employment (and Tourism)).
Read 4 tweets

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