As is clear from my timeline, I don’t often agree with Lord Moylan: but I do (subject to using slightly different language every now and then) very much agree with him on this.
It is deeply unsatisfactory that we have ended up in a situation where there is a second class of citizens whose citizenship can be removed at the wide discretion of the Home Secretary.
It is also wrong that people with a right to citizenship (or, I’d add, anyone who wants to be naturalised) has to pay extraordinarily high fees - effectively a tax - to register or apply.
As Lord Moylan says, this is the result of a failure to think seriously about what citizenship is: a failure that leads to the offensive incoherence of the Home Office assertion that citizenship is a privilege not a right (an assertion Lord Moylan rightly rejects).
Wider lesson: even when you strongly disagree with someone on a wide range of issues, you can find that you agree with them on some important things. So keep listening. It’s also part of what makes politics interesting and keeps it working.
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Claim: the Ireland/NI Protocol is “starving NI of medicines”. A very serious claim, if true. But it isn’t. Thread: and trigger warning - contains nuance and detail.
Start with some basics. Article 5.4 of and para 20 of Annex 2 to the NIP apply all EU legislation on medicines to NI. That provision overrides Article 7.1 NIP (U.K. law to govern what goes on market in NI) as Art 7.1 is subject to Annex 2.
Arts 7.3, 12 and 13 together have the result that the MHRA operates in NI in broadly the same way as the national competent authorities of EU member states do in theirs. Eg it can approve medicines in NI under EU law where national authorities can do so in the EU (most medicines)
1. These are really important and difficult policy choices. These should be made by primary legislation, scrutinised by Parliament, with those affected given a chance to be heard. Not by barely-scrutinised flicks of a Minister’s pen.
2. One other problem with the unilateral “we’ll let in products approved by countries we trust” options floated by Sam is loss of U.K. regulatory capacity and accountability. That matters when things go wrong: which, in this area, they can - very badly. Remember breast implants.
One pillar of the case for judicial review and scrutiny is that, left unchecked, all bureaucracies administering complex systems with real impact on lives will tend to this cocktail of poor decision-making, unfairness and cruelty.
And this is why scrutiny and accountability are critical, and why it isn’t either democratic *or* conducive to good regulation to give Ministers wide powers to change retained EU law by the flick of a pen.
As for the idea that this is a matter for the NI executive: (1) that is irrelevant as a matter of international law (assuming that the current government accepts that NI is part of the U.K.); and
(2) s.26 of the Northern Ireland Act 1998 gives it all the powers the current government needs to intervene.