In which Martin Howe QC reveals why a U.K. Bill of rights won’t happen. Because our “priority as a nation” would be a right to free health care at the point of need. A priority that no Tory government would ever agree should have constitutional force. telegraph.co.uk/news/2021/10/0…
NB too that “strengthening free speech” would of necessity include strengthening the right to speak in objection to others’ speech (and to refuse to hear their speech or urge boycotts of those who publish their speech).
Ultimately, a debate about what our constitutional rights should be is not a debate that today’s Tory party (or probably any Tory party) wants to see happen, when it pauses for a moment to think about the issues that it would raise.
And worth remembering that one reason why Jack Straw (not exactly a liberal) was comfortable about the HRA is precisely because, by limiting itself to incorporating the existing ECHR, it avoided any need to be grounded in a public debate about what our rights should be.
Which is why (unlike Alexander) I’m not depressed by this article. The fact that Howe has to accept that there should be some form of “bill of rights” shows that attackers of the HRA don’t feel that simple repeal without some replacement is doable.
And since replacement inevitably opens up issues they really, really, don’t want to be opened up, a bit of chipping round the edges is likely to be the best they can do.
(By the way, I’m so far agreeing with Alexander’s thread, apart from his depression.)

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More from @GeorgePeretzQC

4 Oct
This article is confused. Important to separate out two things.
1. Use of Article 16 does not “replace the Protocol”: it allows a limited and conditional suspension of parts of it. And for other “problematic” parts (eg Article 10 on State aid) there is no arguable legal basis for Article 16 measures.
Read 8 tweets
1 Oct
Those who call for “triggering Article 16” need first to understand the Article and its limitations. On its own, it’s not a call that makes much sense.
In particular, they need to understand that Art16 is not a simple “trigger” that can be pulled at will along the lines of Article 50 TEU. Nor does it have any general effect on the UK’s obligations under the Protocol (again, unlike Art 50).
Rather, Article 16 is a basis for particular targeted measures that are “strictly necessary”, including in scope and duration, (not just “expedient”) to deal with serious disturbances or trade diversion. They must be the minimum necessary to deal with the issue.
Read 10 tweets
1 Oct
As usual, a perceptive piece from Peter. A couple of comments on his point about lack of clarity on what “fixing the holes” in the TCA actually means.
In thinking about what Labour’s policy should be on that there are two sorts of uncertainty. One is uncertainty about where the country will be - and where the public mood will be - in 2 or 3 years time.
That is, to an extent, fair enough: provided it doesn’t stop Labour from trying to shape that mood rather than simply responding to it.
Read 11 tweets
30 Sep
Before people get over-excited by what @RachelReevesMP says here, worth a pause for reflection. telegraph.co.uk/politics/2021/…
“Free movement of people” is a creation of EU law: part of the single market. It only has meaning as part of the EU or EEA.
But plenty of neighbouring states have agreements allowing wide mobility outside that EU law framework. Very close to home: Ireland and the U.K. Further away: Australia and NZ. And other examples of states allowing wide mobility between them.
Read 6 tweets
30 Sep
It’s a really good piece by @dsmitheconomics - and raises the question of whether we now need a department charged with labour force issues: what used to be (until the 90s) the Department of Employment.
My answer would be “yes”: and also to take immigration policy away from the “just say no” culture of the Home Office and give it to the revived department.
(Immigration obviously raises wider issues than just labour force ones. But it is a key part of any rational labour force strategy. And you are likely to get a saner and more humane policy if you start with a labour force perspective than a “keep foreigners out” one.
Read 4 tweets
26 Sep
Not really a thread - and haven’t checked the detailed statements: but Schedule 3 to the Competition Act 1998 contains appropriate powers. legislation.gov.uk/ukpga/1998/41/…
(Order subject to annulment by either House: section 71(5)).
(These powers were, I think, used to allow certain types of cooperation between suppliers during the pandemic.)
Read 4 tweets

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