My last article highlighted how our most senior courts come to different conclusions when faced with the same subject. The matter in question was the legality of the Rwanda policy to deter illegal migrants. We see similar shifting sands of legal decisions with Manston Airport. Initially, a judge rules that there are no grounds for a judicial review of the Secretary of State’s decision to grant a Development Consent Order, and then, upon appeal to that decision, a different judge grants limited grounds for the possibility of a JR. The case was heard once more a couple of weeks ago and we await the decision. We are now in year 9 of the Manston saga which in itself is farcical.
I had similar years ago in the preamble to my election expenses trial at which I was acquitted. The High Court ruled to my advantage on what an obscure part of election law meant (it being s90 (c) of the Representation of the People Act 1983). Upon appeal by the Electoral Commission this was overturned in the Supreme Court who ruled precisely the other way. Whatever your views on these very different issues a simple question has to be asked “is this any way to run a country?” or does it indicate that much of our voluminous law is so poorly drafted that it is too ambiguous to serve its purpose? An expansive question.
The Rwanda policy and the Illegal Migration Bill before Parliament occupied us greatly last week and will do so this week as well. The House of Lords had put 20 substantive amendments to the Bill which would have watered down much of the intent of it, which to summarise is to ‘Stop the Boats’. We had 18 divisions in a row on Tuesday 11th taking over 3 and a half hours. Apparently this was the longest voting session for 70 years. At the height of the Brexit battles in Parliament across 2017-2019 we did have a 12-division session. The Government accepted two amendments and rejected 18, hence the votes. The House of Commons agreed with the government’s rejections and this now returns to the House of Lords with the robust imprimatur that the elected House refuses the Lords’ amendments.
This bizarre process is known as ping pong. This will continue this week until the Lords back down. If they do the Bill will become an Act later this week. If they do not and insist that their amendments stand then the Parliament Act can come into play. It is the last resort for the elected House of Commons to get its way and was last used in 2004. But with it comes delay. All the while, we have a constant stream of channel crossings with the danger therein further fuelling an illegal people trafficking market which makes millions for the agents. But it is the British taxpayer that picks up the big bill – an estimate £100,000 per person over the entire process of accommodation, legal costs, benefits etc. It is not fair, nor is it sustainable.
I highlighted the issue of Labour’s plan to levy VAT on private education at Prime Minister’s Questions. We have a thriving independent school sector in East Kent supporting many jobs and when foreign students come this is deemed an ‘export’ as funds are remitted to the UK. Many will take the view that such private education should not exist and if raising the costs closes some of it down then that’s to the good. Others will say the money raised can pay for provision in the state sector. All estimates of the potential tax receipts are overplayed and the real cost of children moving into the state sector ignored. I take a more simplistic view that it is just inherently wrong to tax education as it would surely have to extend to VAT being levied on our English Language Schools, after school private tuition and even sports training. The threat to the English Language School sector, important to our local economy, is real especially as the Republic of Ireland, a competitor in language schools, does not levy VAT on such education.
I had the opportunity to visit Stone Bay School in Broadstairs which offers special education to youngsters with complex learning difficulties. I had the opportunity of speaking with parents and teachers as well as many students. I was overwhelmed with what is being delivered from the school and the testimony from parents was very powerful and hugely complimentary.