Ten Ways to Improve the Overseas Operations Bill
Richard Ekins and John LarkinThis short paper sets out ten ways in which the Overseas Operations Bill could be amended to improve its effectiveness and to minimise the risk of unintended consequences. None of the proposed changes are wrecking amendments. Like many parliamentarians, we share the concern about the way in which the law has been applied to UK forces and about the risks that litigation may pose to the UK’s capacity to defend itself. But legislation to correct these problems must be carefully framed. The ten changes we propose for Parliament’s consideration (the first two of which are alternatives to each other) would, in our view, help to minimise the objections that have been made to the Bill while improving the Bill’s effectiveness as a means to secure the Government’s intended policy.
Grasping the Nettle
Sir John Jenkins and Clarisse PásztoryThe evolving Austrian debate on Islamism – reflecting in turn a growing public understanding of the issues over the last decade – continues to be of great interest to anyone concerned with the future of a liberal democratic state system. In France, the Macron government has been spurred into action by acts of terror. In Italy successive governments have for years used their long experience with combating organised crime to remove Islamist hate-preachers and others who undermine social cohesion with admirable expedition. In Germany concern about Islamism is at last gaining traction beyond the intelligence agencies. But it is in Austria over the last three years that the public and now governmental focus on the subject has in some ways been most sustained and instructive.
The Case for Reforming Judicial Review
Richard EkinsThis paper is the text of a submission made on behalf of Policy Exchange’s Judicial Power Project to the Independent Review of Administrative Law. It complements the related submission made by Sir Stephen Laws. Since its foundation, a little over five years ago, Policy Exchange’s Judicial Power Project has argued that the inflation of judicial power unsettles the balance of our constitution and threatens to compromise parliamentary democracy, the rule of law, and effective government. While the inflation has in part been a function of human rights law and European integration, the Project has consistently argued that it also arises in the context of “ordinary” judicial review and statutory interpretation – a number of high-profile cases decided between 2015 and 2020 confirm the point.
Supreme Court Reform
In the wake of our August paper, Reforming the Supreme Court, Policy Exchange’s Judicial Power Project is pleased to publish a new symposium on Supreme Court reform, in which distinguished legal commentators engage with the question of how and by whom appellate authority should be exercised.
UK Diverges from Allies in Treatment of Islamic Relief Worldwide
The UK’s Charity Commission has issued a press release on Islamic Relief Worldwide (IRW) concerning its investigation into that organisation, following allegations of anti-Semitism involving several members of IRW’s leadership. Officially registered to an address in Birmingham, but operating throughout Europe, Asia, Africa, and the Middle East, IRW has faced a number of recent allegations of having links to the Muslim Brotherhood, and of members of its leadership promoting anti-Semitism, and of having “glorified terrorist attacks on Israel”. In its press release, the Charity Commission stated that individuals from IRW’s leadership had made social media posts, “which ran contrary to the charity’s code of conduct and fell far below the standard the public expect of charity trustees and staff.” However, the Charity Commission further stated:
Biden’s new Asia tsar understands the China challenge
Among Democrats, there is no American who knows more about Asia and is better known in Asia than Kurt Campbell. The news in recent days that President Joe Biden has appointed him as Co-ordinator for the Indo-Pacific, a new role within the National Security Council, is therefore very welcome. Campbell has effectively become Biden’s Asia tsar.
The appointment is good news for the UK and for the broader Western alliance. Campbell has a long history of engagement with Asia in both the Clinton and Obama administrations. He is credited with authoring Obama’s “pivot” to Asia and is considered to be a tough foreign policy realist who understands the shifting power dynamics of the Indo-Pacific region – and how America can work with allies to manage them. That is, after all, the single greatest foreign policy challenge facing the incoming Biden administration.
Online Harms Bill reflects Policy Exchange proposals
A new Online Harms Bill, unveiled this week, includes measures that will force social media companies to delete harmful content or face fines of up to 10 per cent of their turnover and adopt a new code of conduct to protect children on the internet. The legislation builds on recommendations made in Policy Exchange’s 2017 report, The New Netwar, which called for ministers to “put in place a system of financial penalties, administered by the independent regulator, to force company compliance” and urged the adoption of a “more stringent codes of conduct”.
Policy win with MOD’s new Office of Net Assessment
In a recent speech the Defence Secretary, Rt Hon Ben Wallace MP, announced the creation of a “Secretary of State’s Office of Net Assessment and Challenge (SONAC)” encompassing war gaming, doctrine, red teaming and external academic analysis. Standing up a UK Office of Net Assessment reporting directly to the Defence Secretary – modelled on the Pentagon’s ONA – was the main recommendation of Policy Exchange’s 2018 report, A Question of Power: Towards Better UK Strategy Through Net Assessment, authored by Gabriel Elefteriu, with a Foreword by General Lord Richards of Herstmonceux, former Chief of the Defence Staff. The draft report’s reviewers included Air Marshal Ed Stringer, Director General of the UK Defence Academy and Joint Force Development who will now oversee the establishment of SONAC; and Professor John Bew, the Prime Minister’s Special Adviser for Foreign Affairs who is leading a No10 taskforce on the Government’s Integrated Review.
Sir Stephen Laws invited to help review the Human Rights Act
Policy Exchange congratulates Sir Stephen Laws KCB, QC (Hon), Senior Research Fellow in our Judicial Power Project and former First Parliamentary Counsel, on his appointment to serve on the independent panel to review the Human Rights Act 1998. The panel, chaired by Sir Peter Gross, former Lord Justice of Appeal, is to consider the Act’s operation over the past twenty years and the case for structural reform. In a lecture on the day of the panel’s announcement, Sir Peter referred to Policy Exchange’s work on Supreme Court reform, noting the foreword written by Lord Thomas of Cwmgiedd, former Chief Justice of England and Wales. Sir Stephen’s many publications for Policy Exchange on constitutional matters include this jointly authored submission to the Joint Committee on Human Rights. Read details of the announcement here.
Upcoming Events
- Tuesday, 26 January, 2021
10:30 - 11:30
The UK’s Net Zero target requires all sectors of the economy to decarbonise, particularly electricity, transport, heating, and industry. At this event, the panel will discuss the main elements of the UK Government’s recent Energy White Paper, including any areas where the Government could have gone further.
- Monday, 18 January, 2021
13:00 - 14:00
Cities around the world have been shut down by the Covid-19 pandemic. Commuters have stayed at home; shops and restaurants have been forced to close. Policy Exchange’s Liveable London Unit is therefore being relaunched at a time of crisis. Will the deserted streets of our cities come back to life in 2021 – or are cities as we knew them gone for good? The Chair of the Advisory Council of the Liveable London Unit, Professor Ed Glaeser, Professor of Economics at Harvard University and author of Triumph of the City is one of the world’s foremost urban economists and best placed to offer an authoritative answer.
- Tuesday, 15 December, 2020
15:00 - 16:00
Policy Exchange invites you to the launch of What’s Wrong with Rights? by Nigel Biggar. Speakers: Professor Nigel Biggar Regius Professor of Moral and Pastoral Theology at the University of Oxford, Baroness O’Neill of Bengarve former Chair of the Equality and Human Rights Commission Lord Sumption former Justice of the Supreme Court John Larkin QC former Attorney General for Northern Ireland
