Worth noting, when claims are made about UK capacity to take swifter regulatory decisions outside the EU. NB, for those fascinated by the Protocol’s impact in medicines, that this means that the position is that in NI 5-11 year olds can have the vaccine while in GB they can’t.
(Of course, dangerous to generalise about regulatory capacity on the basis of one or a few cases, which may have various complexities. But that knife cuts both ways: and there are grounds for concern about MHRA resourcing after it lost a lot of income and work after Brexit.)
In the longer term - a point I and others have made - there is a real dilemma here post-TCA with no good options. Rough sketch of those options: -
1. Adopt a “follow the EU” approach (means U.K. loses regulatory capacity; poor accountability if things go wrong);
2. Adopt an “as tough but a bit different” approach (means delays as pharma companies prioritise regulatory clearance in US and EU);
3. Adopt a less rigorous approach (possible problems obvious).
None look great.
Option 4 - probably not on the table with the current government but there for its successor - is to try to negotiate a teamwork/cooperation approach with the EU. But that won’t be easy.
Thanks to Michael for this: looks like an example of (2).
A couple of thoughts about this proposal, floated in today’s Times, for an annual “‘Interpretation Bill’ to strike out findings from judicial reviews with which the government does not agree”. thetimes.co.uk/article/boris-…
As written, that sentence raises more questions than it answers. What is meant by a “strike out a finding”?
If “finding” means “a ruling about what the law is” and “strike out” means “change the law” than that is not exactly revolutionary. If judges rule that legislation means “X” but Parliament doesn’t like X, then Parliament can change the law. (This happens all the time in tax law.)
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.
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.
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…)
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.