So far, 3 days later, no response from @ukhomeoffice. Assertions that the proposed offence doesn’t cover the RNLI rescuing asylum seekers at sea and landing them safely on shore aren’t any use without an explanation of why that is so.
Also, note the wording. What about individuals or shipping companies rescuing people in distress at sea? What, exactly, are the boundaries of the conduct to which this offence is said not to apply? What, for example, is meant by “distress” (would overcrowding be enough?)
Before you can answer those questions - important questions given the seriousness of the offence and the need to prevent loss of life at sea - you need to know where the alleged exception comes from and its legal basis.
Unexplained assertions - in a tweet or even by ministers in Parliament - don’t cut it. The answers should be in the text of the legislation. But - as far as I or anyone else can see - they aren’t.
Incidentally, I suspect that the issue of rescue at sea is an oversight.
But, like a Freudian slip, the oversight is revealing. It reveals a tendency to reach for the criminal law while failing properly to think through what the proposed offence (here, of helping asylum seekers reach the UK) should actually catch.

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More from @GeorgePeretzQC

9 Jul
Comments on a couple of Supreme Court cases out today. Those who fear/hope that the Supreme Court is dominated by activist judges looking for any excuse to impose a woke agenda under cover of the Human Rights Act will be relieved/disappointed.
First AB. Facts here. Image
The issue was whether that treatment violated Article 3 of the ECHR (inhuman and degrading treatment). Answer: no. Reason: the Strasbourg Court has not said that solitary confinement of a child is automatically contrary to Art 3. Following earlier cases, explained here. Image
Read 12 tweets
9 Jul
Two immediate things leap from this list, from this side of the Atlantic. 1. The extent to which the US is regulated (see licensing requirements for many kinds of work).
2. The extent to which US regulation has not dealt with issues harmful to consumers that have, at least to some extent, been tackled by EU and U.K. regulation.
Very high level thought (treat it as an essay question): the combination of high regulation and regulatory failure to help consumers is a symptom of a seriously dysfunctional political system.
Read 5 tweets
8 Jul
The instinct is to attack this as a way of dispensing patronage and avoiding scrutiny. And that instinct, with this government, is natural and prudent.
But there is a problem with the relatively small talent pool available from the Commons majority. One way round has been to appoint to the Lords - but that inflates an already engorged chamber and means appointing a legislator for life.
(And any remotely radical government will want to replace the HoL anyway).
Read 6 tweets
7 Jul
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.
Read 6 tweets
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

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