08 December 2016

Week in Brief: UK

Courts

SUPREME COURT: The Government’s appeal to the Supreme Court, against the High Court decision that Parliamentary approval is required before notice is given to leave the EU under article 50 of the Treaty of Lisbon, began on Monday.  The case turns on whether the supremacy of Parliament in the British Constitution means that a treaty change which will result in major changes to domestic legislation requires an act of Parliament or whether, as is normal when a treaty is made or altered, the Government can simply make the decision.  The High Court took the former view and the smart money is on its decision being upheld.  To enable readers to penetrate the misleading fog which will be generated by the press, we would make three points.  The first is that like all judges, justices of the Supreme Court are politically neutral and will decide the case according to their understanding of the principles laid down in earlier case law.  The second is that there is no prospect whatever of the matter being referred to the European Court of Justice because the questions depends on UK constitutional principles and the European Court of Justice only deals with matters of European Law.  The third is that although a Government which uses its treaty-making power is said to exercise the “Royal Prerogative” there is no question of the Queen being involved in the decision.  The Royal Prerogative is exercised by the Government in her name.

OXFORD STUDENT: Oxford graduate Faiz Saddiqui is suing Brasenose College on the basis that shortcomings in its tuition led to his attaining a 2:1 in modern history rather than the first which would have fuelled his legal career in the US.  He graduated in 2000 and his mental state, said to result from his disappointment, makes it impossible for him to hold down a job.

TERRRORIST FUNDING: Zakaria Boussafi has been convicted at Kingston Crown Court of engaging in conduct preparatory to acts of terrorism after passing £3,000, obtained from benefit fraud, to one of the terrorists who took part in the Paris massacres.  He, and an associate who had already pleaded guilty, will be sentenced next week.

Government

BREXIT: Tensions within the Cabinet over the price which Britain would be prepared to pay for access to the single market have deepened, with David Davies indicating that it might be acceptable for Britain to make financial contributions.  This approach, which is supported by Chancellor of the Exchequer Philip Hammond is opposed by Boris Johnson and Liam Fox who take the view that it would undermine pledges given by the Vote Leave campaign.

HMRC CUTS: The Public Accounts Committee has expressed concern that job cuts at HMRC will further jeopardise the standards of service.  Although the agency insists that it is in a strong position to move further to digital, the Committee was concerned that there was no backup plan.

RICHMOND BY-ELECTION: Zac Goldsmith lost Richmond Park to the Liberal Democrats who won it with a majority of 1872.  Mr Goldsmith, formerly a Conservative MP, resigned the seat as a protest against the Government’s decision to build a further runway at Heathrow and then stood as an independent. The Liberal Democrats turned the contest into a debate about Brexit.  In the Referendum, Mr Goldsmith had supported Leave in an area where 70% of voters supported Remain.

The Conservative Party did not contest the seat and the Labour Party lost its deposit.

General Politics

CYCLE LANES: London’s spending on cycles schemes will almost double over the next five years, running at an average annual rate of £154 million. This is on a par with the Netherlands and will enable the mayor to build cycle routes from Tower Bridge to Greenwich and from Olympia to Hounslow. There will also be more “quiet way” routes.

CASEY REVIEW: In a report published on Monday, Dame Louise Casey has criticised official efforts to boost integration, saying that many public institutions have “ignored or even condoned regressive, divisive and harmful cultural and religious practices for fear of being branded racist or Islamophobic.”  Of particular concern is the quality of home education provided in migrant communities and the emphasis placed by the Department of Education guidance on education which equips a child for life within its community rather than within the country as a whole. The Report draws attention to the fact that more than half of black and Asian students are in schools where indigenous children are in the minority. The report lays stress on the importance of promoting the English language among immigrants and encouraging ethnic groups to adopt British liberal actions rather than those which are patriarchal, illiberal or misogynistic.

Transport

ROADWORKS: In an attempt to reduce delays, efforts will be made to increase the number of lanes which are kept open during roadworks and to limit the works themselves to 10 miles at a stretch. The replacement of the 50 mph limit normally imposed at roadworks by a 60 mph limit is also being trialled.

VARSITY LINK: It is proposed that the new railway line between Oxford and Cambridge will be run by an organisation which will also be responsible for the trains. That breaks with the normal pattern under which tracks are controlled by Network Rail, a government-owned body, and private companies run the trains.  The Network Rail model is said to be an obstruction to the efficient running of services because the different parties blame each other for problems.  The new system would be difficult to run, however, on lines used by a number of operators.

General

SCHOOLS RANKINGS: The latest PISA rankings show English schools as treading water with placings similar to those three years ago.  The rankings, which are based on tests for 15 year olds in Science , Maths and Reading run by the OECD, show declining performance in Scotland and Wales.

TIGER MUMS: Research from the Children’s Commissioner indicates that although they initially make good progress, northern children fall behind their southern counterparts at secondary school.  It is suggested that part of the reason for this is that parents in the North are less demanding.

OFFSIDE TRUST: According to the lawyers for Offside Trust, the new support organisation for footballers who have been the subject of sexual abuse, a number of clubs have used a combination of payments and confidentiality clauses to stifle allegations. The Football Association has nominated a QC to review its response to past allegations of sexual abuse. Former players are asking for an independent public enquiry.

BARE BREAST: The Assistant Chief Constable of Greater Manchester has been disciplined with a written warning after becoming drunk at a “Women in Policing” conference and accusing a junior officer (it is understood incorrectly) of having cosmetic surgery on her breasts. Assistant Chief Constable Rebekah Sutcliffe bared her own breast in order to emphasise the point she was making. There is pressure for her to be dismissed.

OBESITY: Already reeling from the risk of having operations postponed, those who are obese are now threatened with further pressure. According to a report by Professor Dame Carol Black, the employment level among the severely obese is 60%, against 70% of the general population. The difficult question is what to do about it. Professor Black rejects calls for benefits to be cut but suggests that benefit claimants attend a Healthcare seminar.

 

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