The UK’s professional organisation representing barristers has accused Brextremist Attorney General Suella Braverman of sacrificing the UK’s reputation, sidelining legal advisers and bypassing the ministerial code.
At its annual general meeting, members of the Bar Council asked Braverman how she thought the UK’s Tory government could retain “a shred of credibility” in imploring other countries to follow international law after revealing its own willingness to breach agreements.
Here’s The Guardian with details of the festivities:
Five QCs confronted the attorney general during Saturday’s meeting, telling her that a crime which broke the law in a “specific and limited way” – the phrase used by the Northern Ireland secretary, Brandon Lewis, when he announced the move – was still a crime.
Asked if she believed ministers were breaking the ministerial code with the legislation, Braverman on Saturday dodged the question by stating that the code was not legally enforceable. Pressed, she suggested the cabinet secretary had ruled that the code would not be breached.
She was also confronted over why she had sought advice on the measures from three pro-Brexit legal figures, including one junior barrister who had worked with the Vote Leave campaign, rather than relying on senior government lawyers. She refused to disclose the advice she had received, but said that seeking external opinions was not unusual.
Braverman was asked what had changed since former justice minister Lord Faulks stated in 2015 that ministers would not breach international law. She said his statement reflected “government policy at the time”.
The proposals were needed to resolve tensions between domestic and international law created by the EU withdrawal agreement, she said, but the government remained “committed to the rule of law”.
Of course this is not true. A government cannot expect to be believed when it claims to be “committed to the rule of law”, after also committing itself to breaking the law.
We could never expect better from Braverman; she is used to breaking the rules.
Back in 2017, when the European Research Group (ERG) “party within the Tory party” was set up, she was its chair. It was funded illegally, with money from members’ expenses claims (expenses rules state that MPs cannot claim for research or work “done for, or on behalf of, a political party”, but by September 2017 the European Research Group had received more than £250,000 from MPs who claimed the public cash through their official expenses).
After she became a minister in the Department for Exiting the European Union, she remained a member of the ERG, even though the ministerial code prohibits ministers from becoming “associated with non-public organisations whose objectives may in any degree conflict with government policy” – as the ERG’s did at the time.
Neither she nor any of the other then-ministers who were also in the ERG were penalised, which may go a long way towards explaining why she believes she can tell the Bar Council she is above Parliamentary rules.
In March 2019 she was accused of using anti-Semitic language by stating that “As Conservatives, we are engaged in a battle against cultural Marxism”. This refers to a far-right-wing anti-Semitic conspiracy theory which identifies Western Marxism as the basis of an ongoing academic and intellectual movement to undermine and destroy Western culture and values. Challenged over this, she dismissed the idea, stating “We have culture evolving from the far left which has allowed the snuffing out of freedom of speech, freedom of thought…I’m very aware of that ongoing creep of cultural Marxism, which has come from Jeremy Corbyn.” So either she didn’t understand what she was talking about or she is a genuine anti-Semite who used opposition to Jeremy Corbyn to co-opt support from the Board of Deputies of British Jews, which withdrew its accusations against her.
And now we have her vain attempt to justify breaking international law, as described by This Site here.
The reason she thinks she – and the Johnson government – will get away with breaking international law is easy to understand in the context of her career.
She is an extremist Brexiteer who chaired a pressure group that was funded illegally – but still went on to occupy a role shaping government policy on Brexit; she voiced anti-Semitic sentiments – whether knowingly or not – but got away with it by claiming that she and her challengers had a mutual enemy in Jeremy Corbyn.
Based on this past behaviour, she thinks anyone opposing her on this can say what they want but it will not stop her from having her way.
Well, that has yet to be proved.
She may think she is sure of her ground but the Guardian article quotes a groundswell of opposition within the Parliamentary Conservative Party that could pull it out from under her feet.
And the Bar Council won’t be as easily swayed as the partisan Board of Deputies. Already there are murmurings about court action to forbid her from breaking international law in any way, not just the way she has described.
I look forward to seeing her get her comeuppance. It will be well-deserved.
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