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From: JonH🍕 |
Durham Dom describes the issue in terms of political will. Are they just using EHCR after reading too much
Popper?
https://dominiccummings.substack.com/p/people - idea sons honed - ok - th worked
operationally stopping the boats is very simple and could be done in days but CO legal advice endorsed by external experts is that the PM cannot do this simple thing lawfully because the courts will stop him using the HRA/ECHR. (In simple terms if the PM tried to order the Navy to stop the boats in a serious way, the courts would state that the PM’s orders are unlawful under the HRA therefore the Navy cannot execute them and the Cabinet Secretary would tell the PM that he cannot insist on his orders being obeyed as, in extremis, both the PM and officers could be arrested for contempt. The core operational and political problem of ‘stop the boats’ could be solved by simple primary legislation explicitly whacking the HRA though the broader issue of the Strasbourg court and other international law angles requires deeper action. I won’t go into the details of this here.)
You therefore must choose between (A) our priority is the HRA/ECHR over stopping boats, or (B) our priority is stopping the boats therefore the HRA regime (plus some other legal barriers) must be changed in primary legislation. Sunak chose A. So has Starmer. But both have spun the media that the choice does not exist and are pretending they’ve prioritised immigration. And if you rely on BBC or ITV or SKY you will not realise the choice exists because the broadcasters reflect the priority of officials: keep the voters in the dark on the subject
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