Simon Cox *isolate but organise* Profile picture
migration & equality, law & politics | barrister | he/him | @doughtystreet formerly @osfjustice
LittleGravitas 🇪🇺 😷 #Masks4All Profile picture Jay Jernigan Profile picture Hugh 3.5% 🕷 #FBPE Profile picture 3 added to My Authors
14 Sep
1. EU Top priority - don’t add to Johnson’s attempts to wreck Withdrawal Agreement. WA is best hope for island of Ireland, UK/EU citizens who’ve moved and much more.
2. EU Immediate - find & focus on the actual threats in the Bill & amendments to NI’s place in Single Market (not the rhetoric). Make sure Tory rebels recognise these & Johnson knows the risks of using them.
3. Use WA dispute resolution mechanisms - bring UK before CJEU for infringing WA and use dispute resolution mechanisms.
Read 6 tweets
7 Jun
Nandy is making an important point here and she used it to oppose weaponising racism in Britain. Thread. 1/
Nandy said this because Marr pressed foran assessment of Trunp’s own racism. She had already:
- praised the #BlackLivesMatter protests
- talked about long-standing UK racism
- attacked UK stop and search. Watch at 41.30 of show. 2/
Nandy knows racist behaviour matters more than racist intention.

The pathologising of racism has helped not-racist-racists to refuse to examine their own behaviour and that of their friends by saying “I’m not a racist. I can’t be - I have black friends!” 3/
Read 7 tweets
24 Mar
What powers do police have around #Covid2019?
What new powers will they get this week?
THREAD
FIRST new law: Health Protection (Coronavirus) Regs 2020, 10 February. Same day, Gov declared public health emergency, named Wuhan as an "infected area" & designated Arrowe Park Hospital & Kents Hill Park as an “isolation” facility
legislation.gov.uk/uksi/2020/129/…
thegazette.co.uk/notice/3495369
New Health Regs allow arrest & detention in hospital of people suspected of having #Covid2019 or coming to UK from an infected area.

That was before Gov moved to 'stay at home if you're infected'. But powers can still be used.
Read 19 tweets
23 Mar
Tonight, UK Gov has once again “ordered” people to do things *without having any legal power to*

Serious, damaging attack on rule of law.

assets.publishing.service.gov.uk/government/upl…
UK Gov did this on Friday, when the ordered pubs to close.

They only made the law on Saturday. 2/
Government’s power to order us around comes from law.

Millions think we should be staying at home & Gov should be leading. (I do.)

But in a democracy, it’s the law that decides who can give orders. 3/
Read 7 tweets
10 Mar
Hitler *was* opposed with reason & evidence. He still took power. He didn’t do that by winning most votes or seats. He did it through using speech & force to build hate among his supporters and fear among his opponents. That’s why we no-platform Nazis.
Nazis want *debate* - to sit on the stage in public as if their ideas are legitimate. To present themselves & be accepted as reasonable.

Contesting Nazi ideas doesn’t need this debate. We discuss with children, students about Hitler without inviting a Nazi in to the class room.
Allowing people a platform doesn’t stop them claiming they’ve been silenced.

Decriminalising hate speech wouldn’t stop fascists claiming they are victims.
Read 11 tweets
19 Feb
THREAD
Tory immigration rules use Brexit to reshape UK labour market - low-paid & zero-hour jobs for Brits; steady high paid jobs for foreigners. 1/
Big changes planned for 1 Jan 21

1. employers can’t recruit very low-paid workers from EU.

Employer can only employ current UK legal residents (or UK/Irish citizens from abroad)

OR

recruit from abroad with contractual min £20K salary 2/
Big change no 2

No cap on employers recruiting high/medium/low-ish paid workers (but not on zero hours or as contracted self-employed) 3/
Read 24 tweets
13 Feb
THREAD. Read news reports on individ immigration cases with caution + especially when worrying what it means for other cases. CW fear of officials 1/
Many more immigrants in trouble with HO are going to press in recent years, and great journalists are reporting.

But you may not see all the key points in every case. I’ve been a lawyer in similar cases.

Why? 2/
1. People don’t always tell whole story
2. Lawyers can be difficult.
3. Home Office don’t co-operate with press - they don’t want people to understand
4. It’s complicated. 3/
Read 17 tweets
12 Feb
What’s happening here? Immigration law analysis THREAD (usual disclaimer - see end)> 1/
Home Office officials think this 33 yr old ethnic Albanian man isn’t originally from Kosovo (Serbia) but Albania. They’ll claim he got UK indefinite leave based on a false claim he made aged 14, which means he shouldn’t have been naturalised as British. 2/
In 1998-9 100s of 1000s of ethnic Albanians fled Kosovo for Europe because of persecution and war. Significant numbers came to UK. Alongside them came some citizens of Albania posing as Kosovars. 3/
Read 12 tweets
9 Feb
PSA: If you’re an EU cit waiting weeks for an initial decision under EUSS, AND you’ve got convictions in UK or abroad, Home Office might be waiting till you visit abroad to exclude you from UK +
When you come back, you may be refused admission & told you have to appeal from abroad.

(If you’d never left, HO would probably have accepted you had a right to stay in UK while you appealed.) +
This approach may well be illegal - EU judgment in Yiadom said that when HO had delayed taking action for months, they couldn’t then demand EU cit left pending remedy.

But that won’t stop them trying. +
Read 4 tweets
14 Oct 19
De Souza's case was dismissed today by the UK Upper Tribunal- and the decision looks right to me. It respects the Good Friday Agreement & the roles of national Parliaments in changing nationality law. I think its being misrepresented.

Thread 1/
(Disclaimer: I'm the barrister who unsuccessfully argued the crucial McCarthy case where EU Court of Justice decided dual Irish-British nationals who've never lived outside UK don't normally have EU law rights to family reunion.) 2/
Upper Tribunal judgment is here tribunalsdecisions.service.gov.uk/utiac/ea-06667… . Its short and clear, and easy enough to read. 3/
Read 16 tweets
9 Oct 19
Thoughts on why Leave EU are struggling with fitting Germany & Germans into their narrative (warning - racism). 1/
Leave EU’s effectiveness depends on tapping in to popular British sympathy for authoritarian & racist ideas, while also seeming libertarian & ‘not-racist’.

Difficult act. 2/
“Brits love liberty! EU is oppressive”. But much of Leave EU’s base is worried by *too much freedom* - they’re fans of strict parenting & more police. 3/
Read 16 tweets
13 Sep 19
70% of people would back free movement with new restrictions on EU citizens. But LSE poll looks fatally flawed - would these proposals survive serious debate? Detailed thread. 1/24
(ICMYI I spent 20 years representing EU citizens vs Home Office. For 3 years I've been questioning mainstream Lab & Lib ideas that Theresa May's Home Office could impose new, useful restrictions.) 2/
Context first:
- *some* EU states require EU citz to register after 3 months presence (optional in UK & Ireland)
*some* EU states make their citz carry ID cards, & do the same to EU cits (Sweden & others don't) 3/
Read 24 tweets
7 Aug 19
UK is in crisis because it’s *procedures* for deciding Brexit are unclear & lack national consensus.

EU is *not* in crisis because it has clear procedures fully supported by EU27 & EU bodies.
If UK were like EU, Parliament would have decided a procedure for implementing a “Leave” vote *before deciding the question in the Referendum*
The UK’s Brexit decision-making process is this way because of Cameron, May & Johnson’s choices - which were taken to save the Tory Party - not in the national interest.
Read 4 tweets
11 Apr 19
May’s next month will raise the threat to UK democracy of political violence & loss of confidence in elections. THREAD. 1/
#Brexit
Reckless hyping of the threat from British nationalist voters has been May’s main strategy to press MPs to fall in line behind her deal. 2/
May has used her bully pulpit for a narrative dominated by nationalist & anti-democratic talking points. Billionaire press & TV have mostly gone alone 3/
Read 18 tweets
5 Apr 19
UK Minister Karen Bradley was asked "for what reason do the reciprocal voting rights of Irish citizens not cover referendums". The correct answer was "Irish citizens resident in UK DO have voting rights in referendums in UK?

Why did Bradley not say so?

ht @EmmandJDeSouza 1/6
Bradley gave her answer on 47th anniversary of 1972 Northern Ireland referendum*. Irish citizens resident in Northern Ireland had right to vote - and in every UK referendum since.

*NI (Border Poll) Order 1973 had same franchise as Parliamtry elections legislation.gov.uk/uksi/1973/97/p… 2/
Read 8 tweets
3 Apr 19
Disappointed to see @iandunt misunderstanding EU rights of free movement of people in his Starmer report 1/9
Free movemt of workers means right of EU cits to go to different EU state and *look* for work.

EU law says no need to:
- have a job offer before they enter
- find a job within 3 months, as long as there is a genuine chance of finding a job
- have a minimum level of resources 2/
So a national law that limits entry to EU citizens who already have a job or job offer is nothing like EU free movement of workers. 3/
Read 11 tweets
30 Mar 19
Gordon Brown is strong on a new Brexit process. And he has some good (some sloppy) ideas from other EU states could work for UK. Thread 1/
In the single market, the states options for responding to EU migration are mostly determined by policies that *aren’t about migration* - workers protection, social security, national databases. 2/
It’s easy for Germany to have a system for registering non-German migrants who stay for longer than 3 months. Because Germany has a compulsory residence register for all the *German* citizens. And compulsory ID cards. 3/
Read 22 tweets
26 Mar 19
Common Market 2.0 proposal. No mention of “emergency brake”. Request for Gov to develop new harsher rules v EU cits.

Thread. 1/
“Common Market 2.0” current pitch is here. betterbrexit.org.uk/wp-content/upl…

It gives pride of place to EEA art 112 powers - so-called “emergency brake”. But... 2/
... CM2.0 have dropped claims they made in January that I argued would be illegal 3/
Read 19 tweets
14 Mar 19
Can UK Gov legally cancel elections to the European Parliament in May? Even if UK *might* still be in EU on 1 July, when the MEPs are due to take their seats?
A thread 1/20
EU law experts are disagreeing about this. Advocate-General Sharpston of the EU court says its probably OK legally , while EU Law Prof @mayer_Franz thinks otherwise verfassungsblog.de/collateral-dam… (use GoogleChrome & it'll translate) 2/
It's now only 10 weeks until the window set by the EU for holding elections. 5 years ago, the UK's detailed rules were finalised 6 weeks before. So the UK Gov has time to organise - but does it have a legal duty?

Here's the law & my thoughts 3/
Read 21 tweets
26 Feb 19
Why is “Irish border backstop” such a fundamental issue? THREAD especially for tweeps who aren’t familiar with UK-Ireland relations. 1/
Ireland was invaded by Norman England in 1171. Since then, people of Ireland have wanted independence from England (later Great Britain - England + Wales + Scotland) 3/
An international border on the island of Ireland was created in 1921, when the South - what is now Republic of Ireland (RoI) - became an independent state, and Northern Ireland remained in the UK. 4/
Read 30 tweets
21 Feb 19
Stripping Shamima Begum of Brit cit’ship attacks rules-based international order & threatens conflict between states. Thread 1/20
No state wants Shamima Begum. She’s not a Syrian citizen and is illegally there. She’s never been to Bangladesh & their Gov says she’s not a citizen. Under international & UK law, the state she has strongest ties to is UK. 2/
Shamima Begum’s support for ISIS explains why UK doesnt want her - but not why any other country is responsible for her. So when a UK politician strips Shamima Begum of the British Citizenship she has by birth, can they explain why she’s not the UK’s problem? 3/
Read 22 tweets