The interesting question is what happens politically if she says that the PM's behaviour raises questions outside the scope of her inquiry and recommends/suggests that he refers himself to Lord Geidt. As I read it, that recommendation/suggestion would be in scope.
(And in any event, the facts may well make it obvious that there are serious questions under the Code - as matters stand, it’s hard to see how there aren’t.)
As Cath says, the idea that we should patiently wait while Lord Geidt conducts the somewhat peculiar exercise of reporting to Johnson on whether Johnson has misled Parliament or behaved in a way that didn’t uphold high standards of propriety is one that may be hard to sell.
As Cath says, the system is dysfunctional. It needs a serious look.
But for now a quite realistic danger to guard against is attempts to use the fact that Gray can’t reach conclusions on Johnson’s conduct to suggest that she has concluded that his conduct was OK.
Quite how plausible those attempts are will depend on her drafting. Big call.
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This is an excellent piece on the recent UK case-law on the extent to which UK courts should, under the HRA, regard themselves as bound by Strasbourg ECtHR case law. It is relevant to a key aspect of the current government’s consultation on HRA reform.
There are some problems here. First, if you say that the U.K. courts applying the HRA should never go beyond the ECtHR, does that mean you can’t find an HRA breach just because the ECtHR has not ruled on that particular issue, even if it has found a breach in analogous case?
As @BarristerSecret has already dispatched this article in @spectator by @SBarrettBar, there is perhaps no need to plunge a further dagger into its corpse. But there is a bit more to be said.
Important point on government record-keeping. Government by WhatsApp is unaccountable government, vulnerable to corruption. opendemocracy.net/en/opendemocra…
At the moment, the Ministerial Code says nothing on the topic: though the danger is recognised in the guidance on face-to-face meetings, and guidance given.
On the same topic of how the current government’s (and, to be fair, past governments’) approaches to citizenship have gone badly and fundamentally wrong, see this piece by Sonia Spencer in @prospect_uk. prospectmagazine.co.uk/politics/how-y…
The Home Office’s idea that citizenship is a “privilege” that can be removed - or bought - in the same way as membership of a golf club is a category mistake: it purports to turn a matter of identity and belonging into a contractual relationship.
The same error underlies the ludicrous fees charged to those applying for British citizenship: British citizenship should not be something you can get only if you have the (significant amount of) money, but a recognition of commitment, belonging, and identity.
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.
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.