The central pillar of our system of parliamentary democracy is ministers’ accountability to Parliament. That pillar is built on sand if ministers - especially the PM - lie to Parliament without having to resign.
Any Tory parliamentarian who lets such conduct pass without demanding Johnson’s resignation is vandalising the constitution that they purport to uphold.
In case anyone says “Lying is something only lawyers worry about. The Great British Public couldn’t care less.”
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.)
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.