Possible question for @RishiSunak … would he guarantee that his proposed cut to VAT on domestic energy bills extends to Northern Ireland? A simple question with a complex background… a short thread … #ConservativeLeadershipContest
There are those who doubt Rishi Sunak’s commitment to the completion of Brexit as regards NI - I’ve no idea if that’s fair - but he has an excellent opportunity to put the matter beyond doubt …
If the answer to the question above is yes, it’s a clear sign of his commitment, if it’s no (or some non answer) that’s a pretty clear sign of his intentions too …
A reminder… by virtue of the NI Protocol, conventional wisdom* suggests a reduction in VAT on energy bills for NI below 5% requires approval from the European Commission …
However changes to VAT arrangements (I hope I’m right about this) are implemented by way of amendments to the Value Added Tax Act 1994 …
Also worth pausing to note that as a Money bill the capacity of the Lords to block or delay is significantly reduced …
There appears to be nothing in U.K. domestic law to prevent Parliament legislating to extend new VAT arrangements to NI (notwithstanding the provisions of the European Union (Withdrawal) Act 2018 - the act which gives domestic legal force to the protocol.
Anyone who has followed the Allister Judicial Review application will be familiar with the doctrine of implied repeal in all its aspects!
Of course there are the same international law issues as with the NI protocol bill which makes this an early test of genuine commitment to fix the protocol…
I should say this thread offers no view on the wisdom (or otherwise) of the policy choices involved. It focuses only on the implications for Northern Ireland and the protocol…
If I’ve got some of the fundamentals about this wrong I’ll delete the thread and we will say no more about it, but if I’m right it could be a real test for Rishi Sunak …
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This was an excellent event … too many people to credit for a tweet but I understand it will be on YouTube in due course… I asked a question… more below …
Few will understand this question, nevermind the answer but here goes …
Do MLAs have a role in “new” EU law under the protocol - for which there is an existing role for UKG under A13(4) or just amendments to existing EU law …
A thread bringing together the most interesting analysis of the Windsor Framework from all perspectives … no endorsement of any of the following (hope the links work this time!) …
I’m afraid to say this analysis by @FactCheckNI is based on a fundamental misconception… if it’s still up tomorrow I’m happy to point out in some details why … ps my professional reputation doesn’t turn on being right, theirs does …
Perhaps a somewhat pedantic point - though characteristic of the wider debate - but it seems like a good time to point out as widely claimed and reported there are not hundreds of millions of pounds sitting in a “Stormont Bank Account”- that’s not how the Consolidated Fund works
This seems to be the only part of the Bill of Rights Bill that is available pre its formal introduction today … how it affects section 24 of the Northern Ireland Act 1998 remains to be seen … legislation.gov.uk/ukpga/1998/47/… …
A rather dull thread on an important issue … this case is up before the Court of Appeal in Belfast tomorrow and if it gets leave to apply for a Judicial Review it could clarify important law with regard to the NI Ministerial Code …
Here’s the judgment at first instance from Mr Justice Scoffield… essentially he seems interested in the arguments by the applicant but believes the matter was academic by the time it reached the court … judiciaryni.uk/sites/judiciar…
The basic facts were that the SDLP DFI and SF DFC ministers sought to judicially review a decision of the PSNI in relation to how it was dealing with a contentious bonfire … it was a pretty hopeless case and was dismissed by the judge …
This interview is covered in this morning’s @BelTel but it’s well worth listening to the whole thing - quite a few important issues clarified (not necessarily to the favour of those who support ‘the EU position!’ on the protocol ) … podcasts.apple.com/gb/podcast/the…
A reminder that (nevermind the NI protocol bill) the EU regards the “essential” grace periods as illegal - (not a sentiment you hear many U.K. politicians who oppose the NIP bill express somewhat implying a two tier approach on their part to the importance of “international law”)
And the landing zone between the U.K. green channel proposal and the EU’s express lane proposal may be non existent - it’s certainly philosophically very different…