Eric Clive

Eric Clive

@ericclive.bsky.social

Retired law professor and law reformer. Pro EU. Anti Brexit. Pro UN, pro international law and civilised international relations. Supporter of Scottish independence in Europe for pro European, internationalist, democratic, progressive and other reasons.

901 followers1.1K following1.2K posts

For a while I was optimistic about Andy Burnham. I thought he was a man prepared to argue for a good solution and carry people with him, unlike Keir Starmer. Now he says he would “never move ahead of the British public when it comes to Brexit". Disappointing, even if the public is now pro Brexit.

Andy Burnham said something sensible about a Scottish independence referendum - and officials clawed him back. The same seems to be happening now re freedom of movement.

I’m hearing two arguments. 1 Free movement is so good that Scotland would never vote to give it up in relation to its southern neighbour. 2 Free movement is so bad that England would never tolerate it in relation to its southern neighbours. .

Good to see Andy Burnham making some arguments for freedom of movement between UK and EU. The difference between reciprocal freedom of movement within a group of countries and immigration from outside the group was never stressed enough in the Brexit debate.

Eric Clive reposted

The hereditary prince of Liechtenstein vetoes an abortion reform bill. The hereditary king of the UK remains barred from giving royal assent to a Scottish gender recognition reform bill. This whole business of royal assent seems anachronistic.

J K Rowling's new piece uses the classic trick. Create a straw man and knock him down. Here it is "the current, dominant strain of trans activism, which holds that a man who declares himself a woman is, literally, a woman". She funds litigation against reasonable people who do not hold that view.

J K Rowling in her recent update says that the UK Supreme Court in the FWS case "confirmed that the word ‘woman’ when used in legislation refers to biological sex in the UK". It did not and, standing the Gender Recognition Act 2004, it could not.

This impressive report by the IPPR on options for a new UK/EU relationship points out that the EU now is not the same as the EU of 2016: better in many respects. It does not adequately recognise that the UK is not the same as in 2016. It is a much more fragile union. www.ippr.org/articles/new...

ippr.orgNew world, new relationship: Our future with Europe | IPPREurope, meanwhile, is being transformed by these same pressures, turning into a global actor where the UK is merely an observer. But Britain has been negot

The IPPR report does not address the question of Scottish independence, to be followed by separate journeys to EU membership. This is understandable. But it is a real question. There is a danger that selfish English anti-EU attitudes will slow or even block progress to the best solution.

Surprisingly little mention of Schengen and related options in the IPPR report (except re the Swiss experience). Again this is understandable. It's a political minefield. But, as the report notes, attitudes are changing - and people definitely do not like passport queues.

Eric Clive reposted

No one seems to care, but these were the UK's submissions about hospital use in I v UK in *2002*. I get that the UKSC is big on reading ECtHR jurisprudence as narrowly as possible, but it really does strain credulity to think there is no Art 8 violation .

So much for the UK gov’s argument that blocking the Scottish Parl’s GRR Bill was not political, was not just a policy difference, but was motivated by genuine concern about adverse effects on the Equality Act. There wld have been no such effects. This was clear at the time. It’s even more clear now.

Kemi Badenoch then went on to misdescribe the GRR (Scotland) Bil in the most absurd way as being "when the Scottish Parliament wanted to put men in women’s safe spaces with their self-ID policy.” No wonder politicians have lost a lot of respect.

Kemi Badenoch reported as saying that if a government led by her believed the Scottish government was “doing bad things for the people of Scotland, then we will use existing powers to intervene”. She went on to praise herself for her role in blocking the Gender Recognition Reform (Scotland) Bill.

Eric Clive reposted

Andy Burnham is right to say that the majority of Brits want closer ties with Europe. You know what most Brits also want? EU membership.

This is the way. The UK Supreme Ct blocked the Scottish gov from having a referendum on Scottish independence. It can't block the SNP from conducting a massive survey. %raw(article_headline)https://www.thenational.scot/news/26633678.snp-survey-1-5m-scots-biggest-independence-push-decade/?ref=li

To be eligible for EU membership the UK would, under art 49 of the TEU, have to respect the values referred to in art 2. These include "democracy". I don't suppose that the EU would be unkind enough to ask "Is it true that you are denying voters in Scotland a referendum on Scotland's future?"

Eric Clive reposted

This is psychosis. He is profoundly mentally ill. He is not fit to be in any position of power over anyone or anything. He should not control nuclear weapons.

Aaron Rupar@atrupar.com

Q: You said Russia and Ukraine agreed to a ceasefire, but both sides said they have not agreed to that TRUMP: Well they agreed, you know why? Because I said 'you agree.' That's why.

This initiative by the EU Commission, which includes mention of gradual integration of candidate countries and transitional arrangements, could be useful for the UK if it chooses to apply to rejoin and for an independent Scotland should it choose to do so. commission.europa.eu/news-and-med...

commission.europa.euPreparing for a wider European UnionThe Commission has adopted pre-enlargement policy reviews, setting out the policy orientations and actions to prepare the Union for future enlargements.

A noted orator and political maverick comes to a political end? A few years ago the most recognisable name on the Holborn & St Pancras ballot would have been George Galloway. He got 314 votes. Not surprising, but not encouraging for other oratorical populists with a sort of one man party appeal.

At least one commentator has referred to the British Greens in connection with the recent motion on zionism. That was a motion passed by the Green Party of England and Wales. Nothing to do with the Scottish Greens, who have subtly distanced themselves from its more controversial elements.

A problem with "the establishment of a single democratic state throughout historic Palestine", as called for by the Greens' motion on zionism, is surely that Israel would be dominant within it even though the Jewish and Palestinian populations are roughly equal numerically.

That motion on Zionism by the Green Party of E & W looks like a mistake. Verbal qualifications will be lost in the publicity and it will be seen as anti-semitic or at least as an attack on the people of Israel and their right to self-determination. I hope the Scottish Greens are more careful.

Kemi Badenoch this morning starts with free child care for those in England or Wales earning over £100,000 a year and then goes on to the importance of rewarding work and not paying people not to work - while all the time greater "productivity" and so-called "growth" is throwing people out of jobs.

Re the debate on whether only a white person can be ethnically English it is worth noting that the question on ethnic group in the most recent Scottish census form specifically allowed people to identify themselves as e.g. Black Scottish or Pakistani Scottish.

"Ultimately, Scotland's place is in Europe, and the best future for our country is as an independent member of the European Union.” John Swinney. %raw(article_headline)https://www.thenational.scot/news/26604335.john-swinney-says-scotlands-best-future-lies-eu/?ref=li

Andy Burnham will "lay out to the country, what I believe the different options are for Britain’s long-term relationship with our European partners". Britain? Did he mean the UK? NI can't be ignored and the potentially different views in, and interests of, Scotland and Wales should not be ignored.

Another thing about Andy Burnham's speech seen from Scotland. He said re Brexit that Britain "has changed dramatically since 2016". Dead right. And it has changed even more dramatically since 2014. So no more of this "once in a generation" nonsense please.

Don’t get me wrong. I’m not saying the union has been bad for Scotland and England. I think it has in the past benefited both - often, to an extent now seen as shameful, at the expense of other people and peoples. But that is in the past.

It’s just that the type of tearful nostalgia displayed by Andy Burnham ignores the potentially liberating and transformative effect of putting all that imperialist stuff behind us and making England and Scotland independent again. MEASIA. It’s worth thinking about.

I didn't want to comment on Andy Burnham's speech until I had read it in full. I now have. It is 90% about England - housing, water, social care, education. On the GB union he says it gave us trade unions, the cooperative movement, the NHS and a country that stood up to fascism. The union? Really?

Seems to me that if Scotland had not been merged in GB in 1707 there might still have been trade unions, the cooperative movement, the NHS and a country (or two) that stood up to fascism.And also the industrial revolution which, he says, was led from the midlands and north of England!

I wonder if "the different options ... for Britain’s long-term relationship with our European partners” will include the different parts of Britain being independent members in their own right if they so choose. Much to be said for that. No mention of N Ireland. Its options might also be included.

Andy Burnham was impressive on the Laura Kuenssberg show. All about England though. It would be a kindness to him if Scotland just left and let him get on with it.

As an English PM he did brilliantly and will give Labour a boost, esp as the only response from the Conservatives was the tired old mantra of being low tax, low spend. which everybody knows and many dislike.

Good to see pressure building for a UK shift towards the EU. Important for Scotland to be strongly represented in any talks. Any reset agreement should e.g. provide in principle for the new arrangements to continue re Scotland in the period after leaving UK but before joining EU.

Eric Clive reposted

I bet she didn’t do maths A level

Parody Nigel Farage@parodypm.bsky.social

"The Bank of England was set up by Tony Blair" It's easy to forget that Tony Blair had been in power since 1694 when the Bank of England was founded. Good job Brain of Britain Liz Truss is here to remind us.

Eric Clive reposted

Quick 🧵on the NI life & times survey released today. On identity, "Irish" & "Northern Irish" identities now eclipse "British" among young people in Northern Ireland, according to the NI life & times survey released today. TL;DR: Yikes! 1/4

I've lost count of the politicians who say "We'll cut taxes but not expenditure and we'll finance it out of growth." Now the LibDems are at it. It is profoundly depressing. Nobody believes it.

SNP, Greens and Labour back motion “that the Parliament agrees that Scotland is a nation that has a right to decide its own future”. Cons and, remarkably, LibDems against. %raw(article_headline)https://www.thenational.scot/news/26572674.msps-overwhelmingly-back-scotlands-right-decide-future/?ref=li