One possible answer to the West Lothian Question now abandoned. (The WLQ is why 🏴󠁧󠁢󠁳󠁣󠁴󠁿 and 🏴󠁧󠁢󠁷󠁬󠁳󠁿 MPs should vote on 🏴󠁧󠁢󠁥󠁮󠁧󠁿 - only laws (eg Covid restrictions when 🏴󠁧󠁢󠁥󠁮󠁧󠁿 MPs can’t vote on equivalents in 🏴󠁧󠁢󠁳󠁣󠁴󠁿 and 🏴󠁧󠁢󠁷󠁬󠁳󠁿.)
One approach to the WLQ is simply to refuse to ask it.
The current government’s position is set out by Rees-Mogg in the debate yesterday hansard.parliament.uk/commons/2021-0….
First, EVEL isn’t the right answer to the WLQ.
So what is the answer? See (I will spare you Rees-Mogg’s reference to George III, as well as his detour into places around the world named after places in 🏴󠁧󠁢󠁳󠁣󠁴󠁿 - look them up if you really want to know).
What does that mean? In essence, it makes the point that Westminster is now legislating more for the whole U.K. than it did in the past, given that much EU competence (eg state aid/subsidies) has come to Westminster rather than being further devolved.
Indeed, says Rees-Mogg, it is “natural” that former EU competences should remain in Westminster.
And see also the wide new Westminster competence in s50 of the Internal Market Act to spend money in any part of the U.K. on almost anything.
Where does all this leave us? The removal of EVEL removes one problem (though an easily repealed one) that would have faced a future government with no majority in 🏴󠁧󠁢󠁥󠁮󠁧󠁿 but a working majority in the U.K. on the back of 🏴󠁧󠁢󠁳󠁣󠁴󠁿 and 🏴󠁧󠁢󠁷󠁬󠁳󠁿 support.
But the WLQ remains unanswered. Rees-Mogg’s approach is essentially to say that, as Westminster plays, post-Brexit and post-IMA, a larger role in 🏴󠁧󠁢󠁳󠁣󠁴󠁿 and 🏴󠁧󠁢󠁷󠁬󠁳󠁿 than it did before, the WLQ becomes less pressing.
But it remains to be seen whether that increase in Westminster’s power will be acceptable in 🏴󠁧󠁢󠁳󠁣󠁴󠁿 and 🏴󠁧󠁢󠁷󠁬󠁳󠁿.
As for English devolution, Rees-Mogg is dismissive of an “all-England” solution, and (as usual with this government) shows no more than a token and unconvincing interest in further devolution to more local levels.
The current government’s complete lack of interest - despite its “levelling-up” rhetoric - in actually giving power to local areas to decide for themselves how to invest in their futures is IMO a major weakness in its approach, which the opposition can and should exploit.

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More from @GeorgePeretzQC

13 Jul
A note (in relation to the breach of the duty to spend 0.7% of gross national income on development assistance) on “pretty dubious legally”.
The duty is to be found in s.1 of the International Development (Official Development Assistance Target) Act 2015.
That duty applies all the time. But if it isn’t complied with the Secretary of State must explain what has gone wrong (see (3) and what is being done to correct it (4)).
Read 7 tweets
10 Jul
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.
Read 6 tweets
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

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