🚨The new lockdown regulations are here: coming into force on Thursday

The Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020

Analysis below as I read them (thread)

https://t.co/adPk9PsE0j

32 pages, 13,891 words...

Here is the terms of reference and panel for the "Independent Review of the Human Rights Act"

Some initial thoughts

Terms of reference:

- Entirely expected that the "take into account" duty, which has been interpreted by the UK courts as a duty to follow the European Court of Human Rights where it has clearly and constantly taken a particular line, is under review...

"The impact of the HRA on the relationship between the judiciary, executive and Parliament, and whether domestic courts are being unduly drawn into areas of policy"

This is such a diffuse and difficult question to answer and ultimately depends on your definition of "policy"...

The framing of the question gives lie to this being a neutral 20-year "review". It's not, because the government plainly wants the outcome to be a finding that the HRA has led to courts "unduly" being drawn into areas of "policy"

There will be certain members of the panel, e.g. Sir Stephen Laws of the Judicial Power Project, who will argue strongly that the HRA has led to courts being "unduly" drawn into areas of policy.

A short personal reflection on what happened yesterday.

I wanted to wait a bit before saying this as I think yesterday was for those who experienced the sharpest end of the disastrous breakdown between the Labour Party and Jewish people during the past 5 years.

I started talking about Labour antisemitism here in 2017 I think. My key aim was to try and act as a bridge between the left of the Jewish community and the left of the Labour Party. I used my platform on social media to do it and quite quickly I developed some back channels...

... to who I thought were sensible people in Jeremy Corbyn's office and Momentum. I kept those channels going for quite a long time. I found this paragraph from emails I exchanged in Spring 2018 with Laura Murray in Corbyn's office. It now seems quite prescient.

As I delved more into the issues and heard, privately, what was going on in the movement itself, I slowly and regrettably came to the conclusion that the issue was so serious it needed an "independent body" to come in. It was in Autumn 2018 that @antisemitism approached me...

... to assist in making a submission to the @EHRC to try and persuade them to enter the fray. I was skeptical, given the the UK's human rights organisations had stayed almost entirely silent (to this day, to their shame) on the issue, though I knew it was utterly necessary...

1/ Some EU frustration at UK griping over trade problems and suggestions Brussels needs to improve its attitude to make the relationship work better. There's a feeling of déjà vu, that the UK never really accepted the practical reality of the deal it wanted and still doesn't.

2/ In particular there's exasperation that the UK is moaning about the deal not including arrangements that it ruled out itself to keep its own red lines intact. It's seen as a pattern of behaviour - first there was visa-free travel for musicians, now it's shellfish.

3/ EU sources say the lack of provisions on shellfish exports was brought up numerous times in the talks as a concern. But the UK refused to engage, as it did on wider SPS issues, over fears of 'being drawn into the EU's regulatory sphere'.

4/ The EU has rules vis-a-vis third countries, they say, and the UK knew this. Indeed, as they see things it's the British attitude that needs a reset. 'The problem is it wants to be a better third country than others, and that’s not an option.'

5/ That's seen as particularly rich after the UK turned down the EU's offer for a much closer relationship in pursuit of a 'Canada-style' one. Recent complaints perpetuate concerns the UK still hasn't really come to terms with the sovereignty/access trade-off.

A short personal reflection on what happened yesterday.

I wanted to wait a bit before saying this as I think yesterday was for those who experienced the sharpest end of the disastrous breakdown between the Labour Party and Jewish people during the past 5 years.

I started talking about Labour antisemitism here in 2017 I think. My key aim was to try and act as a bridge between the left of the Jewish community and the left of the Labour Party. I used my platform on social media to do it and quite quickly I developed some back channels...

... to who I thought were sensible people in Jeremy Corbyn's office and Momentum. I kept those channels going for quite a long time. I found this paragraph from emails I exchanged in Spring 2018 with Laura Murray in Corbyn's office. It now seems quite prescient.

As I delved more into the issues and heard, privately, what was going on in the movement itself, I slowly and regrettably came to the conclusion that the issue was so serious it needed an "independent body" to come in. It was in Autumn 2018 that @antisemitism approached me...

... to assist in making a submission to the @EHRC to try and persuade them to enter the fray. I was skeptical, given the the UK's human rights organisations had stayed almost entirely silent (to this day, to their shame) on the issue, though I knew it was utterly necessary...

BREAKING NEWS Thread: 1/6

From a very reliable source in the 'Tunnel... there will be a UK-EU trade deal agreed next week. I quote:

"Britain has CAVED. Unless someone in Westminster does something really stupid between now and then a deal will be signed."

2/6 this will give the UK access to the Single Market, tariff and quota free BUT with specific sanctions to be put on the UK if we lower standards or move away from the Level Playing Field on state aid etc. This means that

3/6 the UK becomes a rule taker inasmuch as when the EU implement new regulations or standards, the UK MUST also implement those new rules too but without being in the room or being able to vote on drafting the new regulations.

4/6 importantly this agreement does NOT keep the UK in the Customs Union meaning that the worst case scenario of thousands of stranded trucks in Kent is still on the table as are the 30 million customs declarations required between GB and Northern Ireland, not to mention the

5/6 hundreds of millions of new customs declarations required to ship from GB to EU customers.

Also: FISH. The UK will allow EU boats to continue to fish in UK waters, yes French ones too but the UKs quota will be gradually increased by agreement.

Based on history though,

SNP thread

1. Scotland's independence rested on the UK staying in the single market - that is why we saw repeated Brexit related litigation in the Scottish courts.

2. If an independent Scotland wished to join the EU, a hard border between Scotland & England would be required to protect the single market & prevent migrants using Scotland as a route into England.

3. Then there are the issues re currency & debt which would need to be settled before EU membership became a serious proposal.

Many in the SNP realise this, hence the divisions we're witnessing.

4. Just as the Brexit Party popularity waned after mission accomplished, the SNP's popularity rests on campaigning, rather than achieving what they're campaigning for.

Polls show that a hard border isn't popular in a country that relies heavily on tourism.

5. The SNP would have been better placed to set their sights lower & supported an Efta/EEA Brexit, but they went all out to stop the UK exiting the EU and ultimately lost.

A hollowed out cause is all that remains for the SNP, with no realistic prospect of success.