George Peretz KC 🇺🇦
@GeorgePeretzKC
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KC (E&W) BL (Irl). Views mine and not those of Monckton Chambers. More active on Substack () & 🦋
London, UK
Joined January 2015
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Have to admire how
@SuellaBraverman
can manage to keep a straight face while claiming on
#bbcqt
that it’s “the EU’s application” of the Protocol that leads to checks and barriers in the Irish Sea rather than the text of the Protocol itself.
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No. Investigating lying to Parliament is not an egregious abuse of power. A good example of an egregious abuse of power is using a resignation honours list to appoint large numbers of legislators for life on no basis apart from slavish support for the disgraced outgoing PM.
If this witch hunt continues, it will be the most egregious abuse of power witnessed in Westminster. It will cast serious doubt not only on the reputation of individual MPs sitting on the committee, but on the processes of Parliament and democracy itself
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Any thug can use formal and flowery language. Real gentlemen, with genuine good manners, don’t bully those who work for them.
Jacob Rees-Mogg is leaving this note for civil servants who aren’t at their desks…
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“There is a free trade zone stretching from Iceland to Turkey that all European nations have access to, regardless of whether they are in or out of the euro or EU. After we vote to leave we will stay in this zone.”
@michaelgove
:
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A reminder (especially to anyone interviewing Peter Bone) that the relevant test for gatherings during lockdown wasn’t “Is this a work do?” but “Is this gathering reasonably necessary for work purposes?”
#newsnight
.
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The legal question is whether Cummings breached regulation 6 of the The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 as they stood at the time.
PM's chief adviser did travel from London to County Durham during lockdown when he and his wife had coronavirus to stay in a separate building at his family's farm, a source close to him confirms - source says it is not true that he was spoken to by police ...
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Your regular reminder that Public Health England is an agency of the Department of Health and Social Care, and had no separate legal personality. It is *already* under the “direct control” of Ministers.
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The first “Bill of Rights” in the common-law world whose purpose is to reduce citizens’ rights and to limit their ability to hold the executive to account when it infringes those rights.
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When Jenrick claims that getting flights off to Rwanda before the election is a matter of “existential importance to the country” he shows complete inability to distinguish between the electoral interests of his party and the real interests of his country: unfit to be near power.
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My own take on the beer affair: I haven’t yet seen evidence of a breach of the rules (explanation of how I think the rules were on my timeline) - but obviously everything depends on the facts. Nor did he mislead Parliament.
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A reminder: whenever the Johnson government refers to its “negotiating position”, remember that it hasn’t got one. Demanding that the EU think of something to replace the backstop without producing proposals of your own is not a negotiating position: it’s a tantrum.
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As far as I can see this judgment is not publicly available on
@BAILII
(the free judgment database) or on Westlaw (the standard commercial judgment database). Given its apparently serious findings against an MP it really should be publicly available.
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Why it’s often a good idea to check things with your lawyers at an early stage: example 1,734,257.
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This is a letter of the sort few lawyers are lucky enough ever to be able to write. But it is brilliant.
The Lincoln Project’s legal response to the frivolous threat of a lawsuit from Jared Kushner and Ivanka Trump’s lawyer.
This will not be the last they hear from us.
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Two key points about the “wine can be sold in pint bottles” story on
@BBCr4today
this morning:
a)it isn’t going to happen because nobody is going to make pint bottles for the UK market; and
b) it’s cover for an otherwise complete retreat from plans to row back on metrication.
'nearly 99% of respondents to an official consultation said they were happy with kilos and litres'.
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One thing any lawyer can tell you is that defending people who have no regard for the truth and will say whatever seems most convenient at any given moment is both exhausting and, usually, doomed.
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Worth noting that this outburst was the current Attorney General’s response to this clear and precise question by
@EmilyThornberry
: you can fairly draw the conclusion from her unwillingness to answer it that the true answer is that she did authorise the leaking of her advice.
PARLIAMENT: Attorney General Suella Braverman accuses Emily Thornberry of being "embarrassed of our flag" 🏴💥
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Absolutely. Every queue. Every restriction. Every bit of red tape. Every increase in cost and prices. Every shortage. Everything that you used to be able to do anywhere else in Europe but now can’t. Every single bit of it. All owned, 100%, by the current government.
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So far, 3 days later, no response from
@ukhomeoffice
. Assertions that the proposed offence doesn’t cover the RNLI rescuing asylum seekers at sea and landing them safely on shore aren’t any use without an explanation of why that is so.
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A shabby deal, presented as a triumph, that won’t last and based on trickery and broken promises.
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Devastating criticism of both
@SuellaBraverman
and the Northern Ireland Protocol Bill by Lord Howard - former leader of the Conservative Party.
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“Many people are saying ...” is the classic line of a coward politician: willing to suggest a point, but afraid to take responsibility for it.
“The more the courts get involved in politics that is of detriment not only to politics but also the courts”
Business Minister Kwasi Kwarteng says judges involved with decisions on
#Brexit
are not biased, but says they are “interfering”
#AndrewNeilShow
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It is definitely our business to know whether the PM has received gifts (in the form of loans or outright donations) that put him under a potential obligation to third parties. It’s why Ministers are required to hand over, or pay for, all gifts over £140.
You can legitimately ask, ‘was tax payers money used?’
Beyond that, it’s absolutely none of your business and the answer of course, is no.
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Because the application of EU VAT law to goods in NI is made crystal clear in the text agreed by the current government, on which it won re-election, and for which
@johnredwood
repeatedly voted.
Will the EU tell us how insisting on controlling VAT in Northern Ireland when the U.K. wants to remove it from some items respects U.K. sovereignty and our internal market as promised in the Protocol?
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I think an explanation is needed. Here goes.
Regulator doesn't agree with Health Secretary shocker.
Matt Hancock: “Because we’ve left the EU, we’ve been able to move faster."
Dr June Raine, MHRA boss: “We’ve been able to authorise supply of this vaccine under provisions under European law which exist until January 1st.”
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The argument that Johnson shouldn’t be removed because none of his putative successors is credible as PM is itself a serious criticism of his leadership. Succession planning - having a credible successor if you are hit by a bus - is a basic aspect of competent leadership.
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An example of a journalist’s efforts to simplify leading to serious error. The court refused only because Johnson undertook to comply with the Act (which is the thing that forces him to ask for an extension). Omit that key fact and you end up badly wrong.
latest Brexit court ruling here - Scottish courts turn down an attempt to force PM to ask for a Brexit extension
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This is an issue of national insecurity.
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One obvious question for prosecution counsel would be: “if this was reasonable, and given your prominent role, why didn’t you open up about it before being forced to?”
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You’d have thought that, of all countries, a leader of Russia might be aware that when you invade a large country with a hostile population, the use of overwhelming force to capture large amounts of territory does not necessarily mean that you have won.
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The basic point is that a representative democracy can’t function, and Parliament can’t hold government to account, if ministers knowingly tell untruths without consequences. It’s the equivalent of pumping air into the arteries of our democracy.
This issue deserves a lot of attention. Both the intervention and the subsequent denials are very serious matters.
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If, 2 months after negotiating an agreement, you are instructing your lawyers to think of cunning plans to evade it, that rather suggests it wasn’t such a great deal after all.
Secret plans to break a treaty and avoid checks in the Irish Sea are the new secret plans to break the law and avoid extending the date of Brexit
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None of the listed reasonable excuses for leaving the place where he was living (his home in London) appear to apply.
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Insisting that a serving Prime Minister should not knowingly mislead Parliament, and that if he has he must resign, is *defending* our democracy, not “undermining” or “belittling” it.
This is very true: the waves of coordinated attacks on the validity of
@BorisJohnson
as Prime Minister are unprecedented in the UK and are taken straight from the US anti-Trump campaign.
They undermine and belittle our democracy. Time to back off before irreparable harm is done.
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It really is quite hard to think of a worse way of choosing who should be a member of the upper house of our legislature.
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Not an oversight: it was a deliberate choice by the current government, made in full knowledge of the consequences.
It is with great sadness we must stop sending our cheese to the EU. Due to an oversight in the Free Trade deal it is impossible for us to send cheese to our EU online consumers. DEFRA has told us not to expect an exemption or change anytime soon. Investment & hope is lost today😪
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The fact that that decision - to go for a hard Brexit - could be taken in that way, with no consultation, discussion, or even letting her own Chancellor know - is an extraordinary indictment of our constitutional arrangements.
Extent to which the direction on Brexit was fluid in the second half of 2016 is best illustrated by Philip Hammond's anger at Theresa May's October conference speech when she ruled out Norway or Swiss model.
He said it was 'almost a coup' and created myriad problems for later.
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This is an extraordinary and deeply irresponsible speech by a senior lawyer.
Martin Howe QC: The Surrender Act is illegitimate and unconstitutional. The Government and Prime Minister are fully and legitimately entitled to subvert and defy it by any means possible:
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Any competent “analyst”, “aide” or “contributor” to a national newspaper knows that barristers are required to use their legal skills help anyone - even the wicked - in legal proceedings.
To pretend not to know that is a disgrace, and shows monumental unfitness to commentate.
Keir Starmer found to have helped hate preacher Abu Qatada fight back against deportation
Starmer is a disgrace. He is monumentally unfit to be prime minister.
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I was going to avoid thinking about Brexit over Christmas. But then Corbyn decided to talk about State aid. Four reasons Jeremy Corbyn is dead wrong about EU state aid
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If the Attorney General’s view is that the Rwanda plan is incompatible with the ECHR, then she needs to explain (1) why the government is maintaining the contrary in the courts and (2) why she let Ministers state that the necessary legislation was compatible with the ECHR.
I'm the only candidate who can stop the small boats crossing the channel because I'm the only one who knows we need to leave the ECHR. The British people won't forgive us unless we address this issue.
#Suella4Leader
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@EstherMcVey1
That isn’t good enough. You are an MP and Privy Counsellor. You have high responsibilities for accurate and honest public debate. You now know that what you tweeted was wrong. No ifs, no buts: wrong. Just retract it and accept, publicly, that it was wrong.
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Basic constitutional law: we elect a House of Commons, not a PM. It is the HoC that has a mandate, not the PM.
Times weekend read as Boris Johnson enters the danger zone:
* PM will not 'do a David Cameron' & quit
* He believes election mandate trumps FPN. 'He serves at will of people'
*He thinks rivals are too weak to move against him
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A personal reflection. I first came across Johnson at Oxford when I was 18. I didn’t know him at all well, but well enough to form a judgment.
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I was no fan of Thatcher or Major: but I don’t think anyone would have collapsed with laughter at the idea of their having given a “personal assurance”. This is a serious problem for the UK: and once nemesis follows hubris, it will also be a serious problem for the Tory party.
President of
@NFUtweets
Minette Batters tells me
@BorisJohnson
gave her his personal assurance he wouldn’t let the farmers down securing post-Brexit
#TradeDeals
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This is a dreadful take. If commentators are going to start throwing stuff around about the courts usurping democratically elected politicians, they should start by informing themselves about what is actually being done.
ANOTHER unacceptable intervention by a court: Personally, I wish UK was focused on regional airport expansion but democratically accountable politicians, not judges, should be making these big decisions.
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One aspect of this clause is that the RNLI would appear to be guilty of an offence if they rescue a boatload of people obviously seeking illegal entry and bring them safely to shore.
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As I read this, unless you live together, it’s now unlawful to have sex with your lover indoors, but fine outdoors (subject to public decency offences); but you can have sex with an escort indoors, as that is reasonably necessary for their work purposes (see 7(d)(i)).
Second big change: Regulation 7 has been completely replaced
- Gatherings of 6 people or less allowed outside in any formation (i.e. from any number of households)
- Gatherings over 6 people prohibited without "reasonable excuse", there is an *exhuastive* list of excuses AND..
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Oh dear. Let me explain why I think this legal analysis is misconceived.
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The PM’s mistake has, from the outset, been to ask this wrong question: “what did Leave voters want?”. The question she should have asked is “what version of Brexit can command a broad consensus across Leave and Remain?”.
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This point (presumably made by Cummings) is legally irrelevant (and wrong anyway - the guidance was, essentially, to stay at home).
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When I was Chancellor, I saw a preview of what Boris 2.0 would look like. He was contrite & honest about his mistakes. He’d learned from those mistakes how he could run No10 & the country better.
With a unified team behind him, he is the one to lead us to victory & prosperity 2/2
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This is important. And credit to
@CharlesWalkerMP
. The right question for Tory MPs and peers to ask here is “What if the government was a Labour one doing something we passionately opposed and we wanted to protest?”
🗣️ Here's what a Conservative MP had to say about a new bill that could limit the right to protest -- it may surprise you.
Read more on the Public Order Bill here 👇
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Quite a lot to critique in this interview by
@SuellaBraverman
, but here are three points.
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No. The “original sin” was the failure of hard Brexiters to take any account of the consequences of their project for NI and then to opt out of any serious attempt to resolve the problem by pretending that the problem didn’t exist or resorting to fantastical “solutions”.
No. The 'original sin' was the foolish agreement to the UK/EU so-called 'Joint Report' by the Theresa May govt in Dec 2017. That said that "in the absence of agreed solutions" Northern Ireland would need to remain part of the EU single market for goods and the customs union.…
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Excellent evisceration. On Brexit, the blunder of all blunders was accepting
@NJ_Timothy
’s advice and saying things at the outset that ruled out anything but the hardest Brexit, realising too late what she had done and its inevitable consequences for NI (and the economy).
Not the saint she claims to be.
My review of Theresa May's book.
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If your party’s reputation is toxic, the best place to look for solutions is the mirror, not the statute book.
The war on woke won’t be won until it’s no longer toxic to admit you’re a conservative
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This is rubbish. Really: complete and utter garbage.
@FraserNelson
should be ashamed of himself for giving it an inch of column space. It is Freeman on the Land stuff.
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On the contrary. The real problem with UK governance is that vast powers are placed in the hands of a centralised govt elected by a system that randomly generates artificial majorities on a minority of the vote, with feeble checks on its appetite to take huge powers for itself.
This is one of many problems with UK governance. The people speak in a GE. They put in place one party by an overwhelming majority only to find that the people actually pulling the levers of power have not changed at all.
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A good faith negotiator, seeking to replace a previously agreed legal text, would at this stage produce a further text setting out with precision the amendments they want. There is no sign of one.
"We stand ready to engage, to negotiate in good faith... it's the EU that seems to be saying they're not interested"
Cabinet minister Michael Gove calls the EU's approach to
#Brexit
talks "wrong and sad"
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But in the meantime he did immense damage. And we do need to think hard about how we - all of us: this is not an issue that a democracy can outsource - avoid such a person ever getting near high office again.
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NB: I hope this is purely academic, but any encouragement by UK ministers or officials to Hungary to veto an extension would be unlawful under the Benn Act and probably misfeasance in public office. And any note of such a conversation would be disclosable in court.
Let's wait until tonight's Newsnight to make a judgment about what the Hungarian Foreign Minister was doing in London today.
While UK government sources seem to not have mentioned Szijjártó's visit, Hungarian sources have been pretty open about it -
@resisterslondon
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I assume that this article will, as it should, declare up front that both the Mirror (of which he was editor) and the Mail (which is now paying him) are being sued by Harry and Meghan for substantial damages for, respectively, phone hacking and breaches of copyright and privacy.
My new
@DailyMail
column is about Harry & Meghan, and their new life whoring themselves out to investment bankers. Posting soon.
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This an incoherent and, frankly, silly way of thinking about the issues here. All treaties - all contracts - involve a surrender of freedom of action (“sovereignty”).
3/4 But for a deal to be possible it must fully respect UK sovereignty.
That is not just a word - it has practical consequences. That includes: controlling our borders; deciding ourselves on a robust and principled subsidy control system; and controlling our fishing waters.
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If anyone can explain why it is in the national interest to have a mobility chapter in a trade deal with a country on the other side of the world covering these issues but not an equivalent chapter in the trade deal with our immediate neighbours, I’d be interested to hear it.
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Faust: that deal that we struck and which gave me those triumphs that I so badly wanted is simply not working now. This place is far too hot. You must install air conditioning.
Question today
@HouseofCommons
regarding the NI Protocol - which is simply not working - asking what will the UK Govt do in the short term to rectify/intervene, to address the issues with the protocol as many traders encounter problems shipping goods across the Irish Sea...
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Quite. And they voted to cut back Parliamentary scrutiny of it. And - if they had chosen to listen - there was a volume of legal analysis explaining exactly what it meant.
Historical note: every member of the ERG voted for the Northern Ireland protocol and the Withdrawal Agreement, despite the DUP’s bitter protestations about the effect it would have on the union.
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(A) Because Norway is in the EEA.
The current EU ‘hard border’ between Sweden and Norway.
So why will the Eire - NI border be any different?
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The murderer is always the person least keen on a post-mortem.
In tomorrow’s
@Telegraph
, I set out the five tests that the Prime Minister’s emergency legislation must meet to stop the boats.
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Oh dear.
@toadmeister
fails to understand that State aid rules say nothing about nationalisation. They could stop a government from over-paying existing owners. But I don’t think that that’s the issue, here.
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This, unfortunately, does not ring true and should be corrected. The UK regulations dealt with some of the regulatory consequences of approval under Article 5(2) of the Directive. They did not add to the power to approve, which was already there in EU law, as explained above.
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Two points on this. First, though James can’t make this point, the trashing of the UK’s reputation started with Brexit. Brexit could have been handled in a way that was honest about the trade-offs and sought a coherent and cooperative relationship with our neighbours. It wasn’t.
How much is the political turmoil within the Conservative Party damaging the UK's reputation internationally? A few snapshots in a short 🧵
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Two possibilities that do not (immediately) involve the Queen. 1. The Cabinet (or most of them) resigns, and Johnson is unable to fill ministerial posts: at that point he cannot form a government (prerequisite of being PM) or
Just out of interest, what do we think would happen if Johnson lost a confidence vote and then refused to go. I don't think he's quite that far gone, probably, but what's the mechanism?
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There really isn’t any more to be said. Johnson lied to Parliament. Johnson’s Ministerial Code sets out the consequence of that lie.
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This defence by Cummings (we all know what “a source close to” means: it’s just irritating) looks like an attempt to argue that he had a reasonable excuse other than those listed.
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An online ballot, with a few days’ notice and little time to test security and integrity, by a Conservative Party membership not subject to any identity check, not all of whom are techie whizz-kids, and whose last choice was Liz Truss. What could possibly go wrong?
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Repeat: an observation about Public Health England. In law, it does not exist as an entity. It is an executive agency of the Department of Health and Social Care. It is under the direct administrative control of the Secretary of State for Health and Social Care.
BREAKING ....
Matt Hancock calling "urgent review" into a staggering fiasco at Public Health England.
They are counting people who die of natural causes as coronavirus deaths if they tested positive at any time previously.
Not clear how many deaths were recorded in this way
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Absolutely. Utterly disgraceful. Unfortunately, no more than expected from this venal and useless prime minister.
Statement from Unit Director Professor Meg Russell on the 16 new appointments to the House of Lords announced today.
"It is hard not to see the Prime Minister’s latest round of peerage appointments as anything less than outrageous"
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If the excuse is not “reasonable” he contravened regulation 6 and committed an offence: regulation 9(1)(b).
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The problem with the argument that 10 Downing St is the PM’s home (a point made to “put in context” pictures of Johnson and his wife having a drink with others in the garden) is that it makes it hard to sell the idea that he didn’t know about parties that happened *in his home*.
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Sovereign nations are bound by the treaties they sign in the exercise of their sovereignty.
@andrew_lilico
@GeorgePeretzQC
@danielmgmoylan
And by ratifying the Withdrawal Agreement the EU confirmed the UK was a sovereign nation, whether they now like that or not.
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I’m not convinced that the message “you can have a GP or school only if you agree to fracking” has been thoroughly thought through.
MORE on childcare & dash for growth push
⏰ School day could be extended to 4pm under proposals
👧 Childminders may be freed from rules to have to register with Ofsted
👩⚕️ Areas may be encouraged to frack with promises of GP surgeries & schools
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The only acceptable answer in a country governed by the rule of law is “yes”: quite extraordinary that
@michaelgove
repeatedly refuses to give it.
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Not a solution in sight. And no recognition that the reason why movement can’t carry on as before is that goods coming in from GB can no longer be assumed to be compliant with EU standards.
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An obvious question that goes to this “reasonable excuse” defence: were there no reasonable alternative child care arrangements rather closer to home?
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For those people, it isn’t so much that they lie as that they have no conception of truth as a standard against which what they say can be measured.
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This will, I think, concern the SC. If Parliament can be prorogued without scrutiny by the courts, how can its abuse be policed, given that prorogation removes the Parliamentary scrutiny on which political accountability depends?
This is a good piece - and worth reading. Hard to see how a Parliament amenable of suspension at will functions. Fingers crossed that the Supreme Court this week upholds the decision of the Inner House won by
@joannaccherry
, myself and others.
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@anneapplebaum
Cowardice not only about the election result.
Georgia's secretary of state and his wife have become the target of vile, even sexualized, death threats.
Asked about those threats, the GOP lawmakers who once supported Raffensperger won't comment now. "I'll take a pass," said one.
Via
@1PatriciaMurphy
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I was shouting this at the radio too:
@AlunCairns
’ reliance on Japan as a new market opening for U.K. lamb exports on a no deal rather ignores the fact that no deal crashes us out of the EU/Japan FTA and no replacement U.K./Japan deal is in place.
OK
#r4today
- Wales can export to Japan because of the EU_Japan trade deal - that has not yet been rolled over.. Canada not rolling over deal because of UK's proposed no deal tariffs...
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Remember that the EU offered the current government a mobility chapter that would have allowed short term work eg by young people without much 💰 keen on ⛷ or 🏝 or improving their languages. But ultra-Brexitist dogma said “no”.
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That is - in a nutshell - the difference between the characters of the two men.
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Yes. Because everyone else sees the importance of upholding the principle that those who make the rules must keep them.
Am I the only London Council Tax payer to think it’s a huge waste of
@metpoliceuk
time for them to be running about chasing possible £60 fines from over a year ago while knife crime is rampant on the capital’s streets?
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Agree. The audience is a systematic problem on
@bbcquestiontime
. But tweeting out audience comments that are demonstrably and straightforwardly false and without correction is inexcusable.
@bbcquestiontime
It is truly sad to see such a misinformed audience.
Broadcasting such opinions to millions of people and framing them as valid, merely normalises the expression of such racist views.
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NB: leaking the advice of the Law Officers is a serious matter. Leon Brittan had to resign during the Westland affair in 1986 for having done so.
BREAKING: a document leaked to Sky News reveals that Boris Johnson's Attorney General Sir Geoffrey Cox had told the PM that the prorogation of parliament was lawful and said anyone disputing this was doing so for political reasons.
Read more here:
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