One aspect of this clause is that the RNLI would appear to be guilty of an offence if they rescue a boatload of people obviously seeking illegal entry and bring them safely to shore.
Criminalising the @RNLI is a somewhat unexpected development, even from the current government.
This is, I’d guess, a mess-up - of the type familiar to anyone who’s ever been involved in a complex Bill - rather than deliberate. But what Ministers decide not to focus on tells you as much about them as what they do decide to focus on.
And remember - if and when this is corrected - that the current government has grabbed extraordinary powers across the field to legislate by statutory instrument. SIs have little Parliamentary scrutiny and cannot be amended.
Which is one reason why maintaining the possibility of effective judicial review of them is so important.

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More from @GeorgePeretzQC

3 Jul
Superb pared down performance of Die Walküre this afternoon by London Opera Company at St John’s Waterloo thelondonoperacompany.org . @hunkentenor and Gweneth Ann Rand superb as Siegmund and Sieglinde - followed by a wonderful @baritus and @THECaramchardy as Wotan and Brünnhilde.
They are raising money for a chamber “Siegfried” in 2022.
The London Opera Company was formed in the summer 2020 to give musicians and opera singers who had lost their work to the pandemic the chance to keep performing and to give music lovers a first class treat after a summer devoid of live concerts. They succeeded today!
Read 4 tweets
3 Jul
This passage from last week’s judgment in Allister v SoS for NI (the NI protocol case) deserves some political attention.
The current Prime Minister was asked in PMQs whether the legislation implementing the Protocol had resulted in an implied repeal of Article 6 of the 1800 Act of Union (GB/Ireland).
The current PM gave his “assurance” that it *had not*.
Read 6 tweets
26 Jun
These are troubling allegations. Being able to see who has decided what and said what to whom is essential to contract management and effective decision-taking. So this is about bad government.
It is also about unaccountable government (which leads to bad government). Government that can’t be held to account in Parliament, in the press, or in the courts for the decisions that it has taken.
It is sometimes said that “paper trails” are a luxury in a crisis. But it is precisely in a crisis that it is critical to keep a decent record of what decisions were taken and why.
Read 4 tweets
26 Jun
1. That is not what the judgment said, as I explain here. prospectmagazine.co.uk/politics/the-j… The judgment provides no support for his thesis.
2. Cummings has never managed to distinguish problems with procurement law (and there are problems there with rules and procedures) from a head on attack on judicial review of all kinds (where his criticisms don’t land).
3. Cummings has never explained what reforms to general JR he has in mind or how they would address his criticisms while ensuring that government complies with the rules Parliament has laid down.
Read 4 tweets
25 Jun
Listening to Grant Shapps on @BBCr4today: the reason for maintaining test/quarantine requirements on those who can prove that they are double vaccinated seems to be that it’s unfair to exempt them vis a vis people who can’t be vaccinated or can’t easily prove vaccination.
I don’t see how that can be a lawful basis, under public health powers, for applying quarantine to those who can prove double vaccination, if the position is that they pose no health risk sufficient to justify quarantine.
The only relevant question is danger to public health. If some people pose a significant danger and others don’t, there is no justification for imposing the requirement on those who don’t.
Read 5 tweets
22 Jun
Two case studies. On subsidy control, it should have been a U.K. priority to renegotiate Art 10 of the Protocol (which is going to cause problems).
But no discernible attempt was made to do that. Perhaps because that would have involved clear commitments up front that the U.K. would have its own effective subsidy control regime.
Read 10 tweets

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