Good riddance to Rudd. Now for Robbins!

The departure of Amber Rudd from Mrs May’s cabinet will not cause any tears to be shed among Brexit supporters. Her brother, Roland Rudd, was  chairman of the europhile Business for New Europe and she campaigned for Remain in the 2016 referendum. Although publicly committed to supporting Theresa May’s commitment to leave the EU,  in a meeting with journalists last week, she appeared to be ambivalent about the Customs Union although she later stated that she supported the government’s policy.  Leaked papers also suggested that she supported unrestricted access for skilled EU27 migrants to the UK after Brexit, ignoring the wishes of many leave voters who wanted to leave the EU precisely so immigration could be drastically reduced.

He successor, Sajid Javid, is believed by those in the know to have voted remain only out of loyalty to David Cameron and George Osborne, especially as a few months before the vote he said his “heart” was for Brexit. After the result, he said: “We’re all Brexiteers now” and has been unequivocal in his support of leaving the EU ever since.  He cannot but be an improvement on Amber Rudd.

Robbins next!

This website has rarely had a good word for David Davis, the Brexit Secretary, in recent months, but we fully support his call for Theresa May to sack her Brexit advisor, Olly Robbins.  Davis feels he is being sidelined by Robbins, a civil servant  and a notorious europhile. Davis’ calls were met with indignation from a number of quarters. A fellow-senior civil servant, Sir Jeremy Haywood, indignantly tweeted that “The Civil Service will always be true to its values – honesty, integrity, impartiality and objectivity.” Is this fair, however? Since the departure of Nick Timothy, Mrs May’s special advisor who, for all his bungling of last year’s General Election, was at least a convinced leaver, the Prime Minister’s Brexit policy has gone from bad to worse, especially since Robbins has become her EU advisor. Furthermore, there is nothing “honest” about advocating any sort of customs union.  As we have pointed out umpteen times, it does not solve any trade-related problems.  The bleating of remoaner MPs that the referendum said nothing about leaving the customs union is irelevant – no one said anything about it because staying in it is such a daft idea that it was not worthy of discussion. I took part in over 20 debates and rallies and not once did the subject come up.

With local elections coming up this Thursday, if the Conservatives perform badly – as they could well do, particularly in London –  a scapegoat will be required by MPs.  The Tories picked up a lot of votes at last  year’s General Election because of Mrs May’s promises on Brexit. Although in theory, Brexit is irrelevant as far as local elections are concerned, in practice, people often use local elections to protest about national issues and the inept handling of Brexit is likely to top the list of reason for dissatisfaction with the Tories.  There could therefore be no better head to roll than that of Mr Robbins.

Photo by DECCgovuk

Is David Davis going to set us free from the EAW?

It is very good to see that David Davis, by raising the point about the supremacy of the ECJ’s jurisdiction over the EAW, has taken a first step to breaking us free from the shackles of the continental inquisitorial justice system, so alien from ours. I am hoping that he might now take a second step, viz, as follows:

In my speech on Alien Legal Systems, at the CIB event in the House of Lords on March 15th this year, I mentioned David Davis. Here is an extract from that speech, with my personal challenge to him which he might now answer, and indeed perhaps he will answer it:

 “For us in Britain, the preliminary public hearing in open court,  where the prisoner is formally charged, must take place within hours, or at the most a few days, after his arrest and detention.

Some years ago there was an attempt to extend this, in serious terrorist cases, to three months, then reduced to six weeks. An MP called David Davis fought a noble battle of principle against this – he resigned his seat and stood again for Parliament on this very point – Habeas Corpus. He won and was returned to his seat. In the end, Parliament fixed a maximum limit of 28 days of detention without charge, and only in exceptional cases of terrorism. This is what we in Britain consider to be “reasonable”.

But for many EU states, under their Napoleonic-inquisitorial jurisdictions, it is considered “reasonable” to keep a prisoner under lock and key with no public hearing for six months, extensible by three months at a time. These are the terms of the Commission’s Corpus Juris proposal for an embryo single uniform criminal code to cover the whole of Europe, including the British Isles. This is what is may be faced by anyone in Britain who is targeted by a European Arrest Warrant. And on a long list of crimes, not just terrorist cases.

Now is the David Davis who resigned his seat to stop the six weeks’  detention bill on no evidence, the same David Davis now in charge of the government’s Brexit department? If so, does he share Ms Rudd’s wish to keep us subject to, not six weeks, but six months and, in the case of Andrew Symeou, nearly a whole year’s detention with no public hearing? If he opposes it, will he please say so openly?

This is no marginal matter. As I have shown, whoever controls criminal justice, controls the police and prisons, and thus holds the  ace of trumps in the struggle for power over a country. And that is precisely what Brexit is really about – who shall hold power in this land? Shall it be the unelected bureaucrats in Brussels? Or shall it be the people of Britain?

So we see that the European Convention is a very thin blanket,  designed to cover systems with Habeas Corpus as well as those without. It can only work if the woolly ambiguity of its use of words like “reasonable” [in article 6, referring to a prisoner’s right to a public hearing within a “reasonable time”] remains unchallenged.”

[For your ease of reference, the whole speech is here (7 pages)]