I don’t often agree with @danielmgmoylan: but putting aside partisan swipes, and the first couple of minutes on general philosophy of immigration law, he then makes a good conservative case against the ability of governments to remove nationality.
It comes from a Tory perspective that isn’t mine: but ends up in much the same place. And I absolutely agree that citizenship isn’t just a travel document, or a contract that can be torn up by either side at will.
I’d add (he may or may not agree with me) that the fact that the provision bites on those with family or personal connections with other countries (eg Jews or Northern Irish entitled to another country’s citizenship: those with a foreign born parent) is a further deep iniquity.
But I am entirely with him in having a fundamental objection to the idea that a state can just take away citizenship, whoever the person is concerned or whatever they have done (and NB the very wide discretion given to govt as to when it can be taken).
Incidentally - on the actual changes made by this Bill - very pertinent questions by @bricksilk: even if you disagree with Lord Moylan and me and think the power should be there, these are concerning points.
A few comments on the current government’s consultation document on “A Modern Bill of Rights”.
First, the title “Modern Bill of Rights”. It hints at a powerful statement of what our fundamental rights should be.
In reality, this “Modern Bill of Rights” is little more than a cutting back of the existing Human Rights Act. No consideration of any additional rights apart from a tepid nod to the idea of a right to jury trial.
This is poor stuff. Judicial reviews don’t get anywhere (they don’t get permission) if the only basis for them is disagreement with government policy. GLP cases have had success because they have identified cases where government has breached the law.
It is important to make that point because sloppy reporting of that kind feeds into a narrative that judicial review is just politics by other means.
Really important point by @PJTheEconomist. Many discussions of devolution focus on the *legal* powers of devolved bodies (in 🏴, 🏴 or English mayors). But their *fiscal* powers are equally critical: without the ability to raise their own taxes they are constantly supplicants.
Moreover, without their own fiscal autonomy, accountability for decisions is confused and poor.
Central government uses its purse strings as a whip, but hopes to evade responsibility for the consequences (see the current TfL drama) - and devolved government evades responsibility for its decisions by blaming Westminster parsimony.
“Binning it” isn’t actually a bad idea - and that is so even if you believe that it’s likely that substantial improvement in regulation is possible be replacing carried-over EU law with new U.K. drafted rules.
The review had two strands. One was to go through all areas of retained EU law to suggest replacements.
Worth noting Frost’s express admission that the current government’s chosen relationship with the EU places “burdensome”arrangements on GB businesses and has a “chilling effect” on trade and investment.
And that “regulatory burdens” on GB/EU trade will “get worse” as the current government succeeds in promoting divergence.
Absolutely. And read @jillongovt’s piece below. If Case was asked to take on this role, he should have refused (he may well have been bounced into it, of course).
At the very least, he should have insisted on getting someone from outside to do the digging and ask the awkward questions - a sort of Counsel to the Inquiry (eg a retired senior police officer or criminal law QC.)
To use the traditional phrase, no one is going to - or should - believe that the Cabinet Secretary could investigate the matter “without fear or favour”.