Thinking about this in terms of pleading a case, what the current government is essentially doing is “non admission”: refusing to make a positive or negative case on the core factual issue (“was there a party in No 10 on 19/12/20?”).
However, non-admission isn’t sustainable in litigation if the person taking that line holds all the relevant evidence and is in a position to know whether the allegation is true or false.
As is the case here: the minister’s complaint about “rumour” doesn’t (and can’t) land because the government knows the facts and is able to confirm or refute the rumour.
(It is beyond dispute that if there was anything that could be described as a party then the rules were broken: which is why the hapless minister forced to sustain this line is reduced to referring to “an event”.)

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More from @GeorgePeretzQC

3 Dec
This is very good, and makes important points about regulation.
This is true and important. And see Stephen Weatherill’s piece. eulawanalysis.blogspot.com/2017/01/what-i…
And this is good on a central problem that the TCA fails even to begin to address in any adequate way: the classic FTA model is, compared to single market membership, wholly deficient in dealing with regulatory and services barriers. Net result: *more*, not less, red tape.
Read 4 tweets
21 Nov
A brief explanation of what appears to be going on here. telegraph.co.uk/politics/2021/…
(NB medicines regulation is complex: I am trying to summarise accurately but do not rely!)
The effect of the Protocol is to put NI into the EU medicines regime.
Read 23 tweets
19 Nov
A thread on levelling up: it’s a constitutional issue.
Start with a good summary of the problem with the current government’s approach by @MarvinJRees, Mayor of Bristol. Lack of coordination and games of “scrambles”. (From modernleft.substack.com/p/bristol-mayo…) ImageImageImage
Then this, by a group of authors for @UKandEU ukandeu.ac.uk/regional-local…
Read 9 tweets
19 Nov
Remember that the EU offered the current government a mobility chapter that would have allowed short term work eg by young people without much 💰 keen on ⛷ or 🏝 or improving their languages. But ultra-Brexitist dogma said “no”. independent.co.uk/news/uk/politi…
So young Brits (those without an 🇮🇪 grandparent or other EU citizenship) are denied opportunities open to every other young person west of Belarus.
None of this was a necessary consequence of Brexit, as this lead campaigner pointed out. telegraph.co.uk/politics/2016/…
Read 5 tweets
18 Nov
What this story told to @JamesCrisp6 *appears* to mean is that the Commission would no longer bring infraction proceedings against the UK in relation to NI (cases where the Commission brings a State before the ECJ where the Commission thinks it has breached EU law).
Article 12(4) of the Protocol means that the U.K. is subject to such proceedings (in relation to the application of customs, goods, VAT and State rules) under the Protocol as if it were a Member State. Image
Wouldn’t that mean rewriting Article 12(4) (rewriting being ruled out by the EU)?
Read 8 tweets
10 Nov
Superb explanation of why attempting to escape the Protocol is (in @Dannythefink’s words) profoundly unConservative. thetimes.co.uk/article/tories…
Denial of reality (the need for a border somewhere given the current government’s choice of Brexit).
(I’d add that that understates the refusal to accept reality because, in truth, a hard land border of ~300 very wiggly miles running through the heart of communities many of whom regard it as illegitimate and most of whom will resent it isn’t actually a realistic option.)
Read 8 tweets

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