did national media publish this sort of legal falseness before Brexit? We can discuss what s.73 *means* but you only have to read it to see it does not “state”this.
Or is it just a feature of the Spectator becoming a blog?
I say “falseness” deliberately. It’s fine for lawyers to argue that provisions don’t mean what they say, or mean more than they say. But that isn’t the claim here. And the piece is by a lawyer, about the law. It’s not a passing comment.
But does Section 73 *mean* that Covid Regs don’t apply on Gov land? (Courts seem to behave as if they do.)
Why would a local authority’s agreement be needed to for Ministers to apply their own Regs to the land they control?
The much better (only?) meaning of s.73 is that it relates to the powers given by the Act *to local authorities* to regulate *premises*. Not to those given to Ministers. As explained here.
If the Spectator is right, then none of the central Gov Covid Regs have applied to any central Gov buildings. Because Department of Health & Social Care forgot to tell anyone that each local authority has to approve that.
This is Sovereign Citizen level stuff.
I’m not saying the Covid Regulations were breached. My concern is with a piece being published which begins with a false claim; presented as if it’s a knock-out legal blow, in a context where any passingly competent lawyer would know that it can’t be.
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Some of you are reading Adam’s thread as if he’s said stripping citizenship is good, or should (politically / morally) be allowed. His thread doesn’t say that. Its a thread about what *law* says and (surprise!) law (made by states) isn’t that great.
But I haven’t discussed this with him, or read everything he’s written. So I don’t know if I agree with him. But what he says *in this thread* *abt human rights law* is correct.
And IMHO it’s useful for people to have that info
International human rights law instruments do not state an absolute bar on citizenship-stripping. They require it not be arbitrary and they (therefore) require due process.
I want to learn from activists in Hungary, Italy, Greece, Poland what comes next from UK Govt as they scrabble for more distraction from corruption, and step up punishment of the powerless and their allies. And how we can get resist. +
Even when populist corruption doesn’t consciously model itself on another country’s, its *nature* makes it follow similar paths. And we can borrow ideas (even if we can’t borrow situations ht @billybragg ) +
in Italy, Salvini and his allies used criminal law against those rescuing drowning people - those prosecutions aren’t over. In Greece, refugees serve decade long sentences for trying to steer a dinghy with their own children to safety. What’s next for Patel there? +
Lie 1: Immigration Act 1971 makes it “illegal to come to the UK without permission”
Straight up lie. There’s nothing in that Act which says that. Migration Watch don’t even point to a section that does. +
Lie 2: Asylum and Immigration (Treatment of Claimants) Act 2004 makes it illegal to seek asylum without identity documentation. Of course it doesn’t. Section 3(4) (c) makes it a defence to have a reasonable excuse for not having one +
lawmaking as a similacrum, a superficial appearance of what a lawmaker does, while the operative force is not the law’s words but the political menace for which the words are a vehicle.
this clause is intended to allow Govt lawyers to pressure judges to accept that a statute means what politicians say it means, not what it says and its meaning as discerned *in the context of our constitutional tradition*.
Good-hearted people want to help. They’ll provide their best help if they *don’t* have to worry about the people they aren’t helping.
Sadness & regret about those they can’t help is *demotivating* and *demoralising* 2/
I know this from years of working in and with front-line NGOs & law firms and listening to some of the smartest people who help them serve their clients. 3/