Colin Murray
@CRGMurray
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Professor of Law & Democracy @NCLLawSchool , @uniofnewcastle . Constitutional Law | Brexit | Devolution | Political Violence | Colonialism Typos my own he/him
Belfast & Newcastle
Joined April 2016
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Ferociously dangerous muck. Don't be just complaining about it here. The sky is bluer elsewhere.
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Theresa May was a genius campaigner next to this. Someone ask Sunak how this will apply in NI...
The brave new Sunak policy, compulsory national service for all 18 year olds - what he calls “military” and “civic” - may or may not be sensible. But announcing it on day four of an election campaign, out of a clear blue sky with no prior debate, or attempt to make the case,
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So ... I've been promoted to a Chair in Law and Democracy at
@NCLLawSchool
. There's no way to style this out; I'm totally thrilled. I started here as an hourly paid seminarist in 2006, then a fixed term lectureship and every rung from there, and I've loved (almost) every minute.
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It is with no regrets whatsoever that I resign from my position as External Examiner at Leicester Law School. Management have persisted with threats of punitive ASOS deductions and their approach to the industrial action risks undermining Leicester's degree programmes in Law:
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You should ignore this article, it's about devastating budget cuts in NI and the invidious position of the NI Civil Service. That's what every national newspaper in IE and GB did when I pitched it. But thanks to the fab
@fortnight50
team it will be out in print next week:
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It is 7pm on a Friday evening and Newcastle Uni staff have just been informed that someone in UCU national accidentally listed us as not taking part in next week's industrial action. Solidarity to everyone with 9am Monday classes. This is beyond a joke. Pray for UKHE.
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Good grief. The UK Govt couldn't even find a minister to turn up for
#bbcqt
in Belfast. Says it all really... All those awkward questions to avoid.
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The House of Lords can and should dig in on the Rwanda Bill. This is not a manifesto Bill. The human rights implications are stark. The implications for the UK's international commitments are real. The upper chamber has delaying powers for a night like tonight.
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Thank goodness for Katy Hayward. That is all.
Tell you what,
@CatharineHoey
@JamieBrysonCPNI
et al. -
Rather than gaily besmirching my reputation, independence, expertise & employer, how about you set out exactly what of my<90secs of
#bbcqt
@bbcquestiontime
contribution that was biased or factually incorrect.
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Northern Ireland business, civil society and (some) politicians engaged deeply with the EU and have got a better deal for Northern Ireland on the workings of the Protocol. UK Govt hardball on issues like the CJEU is yet to yield anything. There, fixed it.
Some Remainers won’t like it, but PM has got a better deal for N Ireland by aggressive negotiation
@indypremium
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Some big "I spent one night in Belfast and everyone should hear my thoughts" energy going on in this Irish Times piece. How does a piece like this get accepted for publication? Everyone in Northern Ireland ends up as atavistic, or demanding, or both:
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Universities UK are telling the world that our
@ucu
industrial action involves just a few staff and that unis haven't really been affected. Join the Union, vote for the action now, and prove them wrong. The whole of UKHE depends on it
#FourFights
#USSmess
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Remarkable that the John Larkin legal advice, as to what is to be "restored", is the Acts of Union as they operated under the UK's membership of the EU. If this is now the premise of the Allister position, it is a remarkable acknowledgment that the problem really is ... Brexit.
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For all UK Constitutional lawyers, AV Dicey died 100 years ago today. And
@EdBatesECHR
and Prof Alison Young just have just awarded me a PhD by portfolio of publications. And if you give me enough time, I'll find a way to connect those facts.
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Becoming a Professor on holiday in West Cork ...
The The
Dream Reality
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I should be in front of a class right now. The
@ucu
bent over backwards to provide a window for negotiation. It paused the action for weeks. To find no movement in that time makes my blood boil. UCEA show no sign of wanting a resolution; they're trying to wait this out.
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My blood boils. None of this industrial action should be happening. We should be in class. Industrial relations in the UKHE sector are so bad entirely because Universities UK regard my brilliant and commited colleagues as a cost to be cut.
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Emma Little-Pengelly on
@bbctheview
just now says that maybe Brandon Lewis didn't know what he was saying on Peston last night re the Protcol. And you know, she might well be right.
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Isn't it great to have independent judicial oversight to protect core civil and political rights from ill-considered executive action...
NEW: NatCon conf back on. Brussels court overruled decision by local mayor to close it down. "What happened yest is a dark mark on European democracy. No official should have the power to shut down free and peaceful assembly" said Paul Coleman, of ADF Int which backed the case
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1/ The Bill of Rights has landed. There are already many threads being assembled providing aspects of analysis (see in particular
@ProfMarkElliott
). So as not to duplicate, I'll confine this initial (still big) analysis 🧵 to impacts on Northern Ireland:
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New from
@jevershed01
and me: the lack of attention given to the consequences of the UK Govt's Protocol approaches for Wales is a pretty damning indictment of how deep it's concept of Unionism runs:
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A "Cillian Murphy, hold my beer" moment as the
#UCClawmafia
strikes again. And I, for one, welcome our new Corkonian overlords.
Professor Colm O'Cinneide, Professor of Constitutional and Human Rights Law at
@UCLLaws
, has been nominated For election as a Judge of the European Court of Human Rights
@colmocinneide
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This account of today's Protocol judgment perhaps inevitably doesn't mention paragraph 291, where Colton J notes that Ben Habib voted for the Withdrawal Agreement, including the Protocol, in the European Parliament:
The Protocol puts a border in the Irish Sea and British citizens in NI are subject to a separate constitution. The Protocol breaks the union of the United Kingdom
@BorisJohnson
@DavidGHFrost
My take on today’s ruling 👇🏼
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If anyone is waivering about being out on strike this week, give a thought to our colleagues & comrades at QMUL. They don't have the option. If they are not on strike, they are losing all pay anyway if they refuse to reschedule affected classes. This is really vicious treatment:
QMUL still refusing to pay staff who were on strike and have returned to work, unless they reschedule cancelled classes. Now 14 working days (unpaid) since strike & facing £0 pay in March. How is this ethical? Is their intent to force/starve staff into submission for striking?
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Please kids, don't do tofu... It's too late for me.
Suella Braverman: “I’m afraid it’s the Labour Party, it’s the Lib Dems, it’s the Coalition of chaos, it’s the Guardian-reading, Tofu-eating, wokerati - dare I say the anti-growth coalition that we have to thank for the disruption we are seeing on our roads today!”
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Shock! Academics like
@Prof_johnbrewer
have personal opinions on Brexit. They are under no special responsibilities not to put easily-offended noses out of joint, and politicians should not be silencing them with letters to employer institutions:
DUP lodges complaint over QUB professor's 'hell too good' for no-deal Brexiteers tweet
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If anyone was ever confused as to what was the bullying and unreasonable party in the industrial dispute affecting UK universities, observe the hatchet job UCEA just did on the one institution willing to engage with its staff. They are out to break unionisation & with it UK HE:
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How many times before this rubbish dies a death? Sunak can't simply leave the ECHR without also breaching the Belfast/Good Friday Agreement. No Tory politician has ever found a way to make such a proposal fit with the realities of NI.
'A referendum on whether to leave the ECHR would divide the Tory party. But if immigration numbers stay high and Sunak can’t stop the boats, it may be the one lever he has left to pull.'
✍️ Katy Balls (
@katyballs
)
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The Windsor Framework (Relaunch). My view of what has changed (and what hasn't) in terms of how Brexit affects NI. No one should be celebrating that it has taken so long to get this deal over the line with power sharing paralysed:
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Brandon Lewis isn't wrong; a green lane process would facilitate GB-NI trade more than a Protocol which presumes goods are moving into EU (which the UK agreed). But it's a high trust model. You can't bully Brussels into trusting the UK amid mania for divergence from EU standards:
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Every academic working on Northern Ireland and Brexit collectively screams into the void at this
@UKandEU
interview. The impact agenda is dead. Whitehall doesn't read. It goes for matey drinks. If this doesn't happen, how could it know about something:
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UK Universities, simultaneously "world leading", woeful and woke. In all my time as an academic, this is definitely the government most obsessed with our sector ...
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Who knew this government had more credibility to burn through? Prizes for the first person to ask Sunak how much he values the "letter and spirit" of the Belfast/Good Friday Agreement 1998. Reform has them about to make promises they can't deliver:
Exclusive: Rishi Sunak’s aides are considering hardening the Tory party’s position on the ECHR, as Nigel Farage plunged their campaign into crisis
— senior party aides have sounded out moderate ministers on whether they could back a tougher stance
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This. All day long👇
Professor Christopher McCrudden of
@QUBelfast
told us why he believes the incorporation of the European Convention on Human Rights into UK law has helped build trust across communities in Northern Ireland.
Watch the full session 👉
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Trapped on a broken down No 2 bus in the middle of Belfast with the driver not letting anyone out as we're stuck in the middle lane and causing an impressive blockage in traffic. Somewhere in here there's a metaphor for the state of NI.
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Much has already said and written about how the NI High Court "over interpreted" human rights obligations and undermined UK immigration policy. Here's my account of why the UK Govt has only itself to blame:
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1 The now obligatory picture of our family going all in on the UCU industrial action. Please vote. And if you are a Union member who doesn't believe in the action (aside - how???), please actually vote no. It is profoundly undemocratic that non votes effectively count double:
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Prof Martin Loughlin's (unsubtle) take on NI's place in the UK was remarkable when I first heard it in 2019, and here it is in print. Some GB scholars see NI as such an awkward fit in their accounts of the UK Constitution that they'd rather write it off:
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14/ This isn't the spirit of the GFA, it isn't even the letter - incorporation of Convention rights under the 1998 Agreement means their full form, not the UK Govt's desired limited take on them. Welcome to crisis heaped upon crisis.
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The cognitive dissonance of university management ...
VCs tell us they are leading dynamic global institutions and deserve to be treated as CEOs.
But they also treat academics like twelfth century monastics living on beans and doing all this world leading labour as a vocation.
I was today years old when I learned that my (deeply impoverished, you know) employer no longer has a research and travel fund academics can access to attend conferences/archives, & pretty much I am expected to pay for it myself. On our lavish salaries.
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A really devastating dissection of an at once revelatory and self-serving witness statement to the Afghanistan Inquiry by Johnny Mercer by
@d_a_t_green
. The MOD have been hiding behind claims of lawfare for too long:
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The Dillon judgment breaks new ground in that the High Court would disapply extensive provisions of the Legacy Act based on Article 2 of the WF/Protocol. The UK Govt has consistently sought to diminish Art 2's impact - it can't any more:
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Having recently written 85 pages of research on the Common Travel Area and being closely familiar with Irish citizenship law, we can confirm this is incorrect.
ERG member
@ABridgen
thinks he has the right to an Irish passport by virtue of being English.
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Look it, the Windsor Framework is happening. The SoS has all the powers needed to oblige the NICS to run the place into the ground in the name of spending cuts under the NI (Interim Arrangements) Act 2023. There is no leverage in staying out of Stormont.
“It’s very clear… that the idea the Assembly is coming back anytime quickly is for the birds.”
DUP MP Ian Paisley tells
@StephenNolan
it could be an “ice age” before Stormont returns
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The Windsor Framework is two months old. There isn't another generalist law journal that can process an article and publish it in this sort of time frame. Massive hat tip to
@MarkFlear
and the
@NILegalQ
team for their support with this.
Open access here:
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1/ The Seanad Special Committee on Brexit has released its final report. Which is ironic, because if ever a report illustrates that Brexit is not done, it's this one. Lots of its recommendations flag up issues which need to be resolved. A quick 🧵:
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Powerful intervention from
@SirJJQC
- it's profoundly unsatisfactory for the UK Govt to be presenting its (inevitably) Protocol breaching legislative proposals as GFA-necessary while at the same time presenting the Protocol as GFA compliant in the courts:
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The irony in this statement being that Colin and other VCs are literally sitting back and letting it happen. Deductions won't stop the
@ucu
action, only the employers engaging in fresh negotiation.
And he might do well to talk to his students, being adults, not their parents.
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@ProfMarkElliott
It's all noise meant to disorient and push academic voices probing public policy and leveling uncomfortable truths out of public debate. Don't give them the satisfaction of letting it get to you.
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Hard to overstate how difficult the threshold for a successful national ballot is. It speaks to great local
@ucu
work and a deep well of dissatisfaction of staff across the country with universities. This time VCs can't adopt "ignore and divide" when all unis are closed.
WE DID IT!
Our union has smashed the threshold and delivered a massive YES vote in the pay and conditions ballot
History has been made
#ucuRISING
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The settlement of the Miami Showband action prevents full discussion of the facts in court. The claimants are saying that the UK Govt legacy proposals forced their hand to settle. In short, the proposals are already keeping info out of the public sphere:
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Oh my. One Government teeters in Scotland and you think devolution as a concept is failing?! Just wait, Andrew Marr, til you find out about the last 25 years in NI.
Like. Really. How'd you miss us?
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The desparation to shirk any responsibility for the Brexit deal is amazing, but the Protocol as negotiated has been reworked multiple times now by the EU, to no recognition from the UK Govt. Why should it keep bothering:
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Hard eye roll as
@ClaireHanna
gets asked on RTE Drivetime if Simon Harris can possibly adapt to NI, the land of "identity" and "legacy". She deadpans that it's not as if he's new to the island, but wouldn't it be nice if NI wasn't presented as somewhere unremittingly weird.
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Really perplexed that involvement with one side of an industrial dispute marks a conflict of interest, but not being on the other. I'd love to see the relevant University Regulations permitting this? Solidarity with
@ucuatqub
!
Staff
@QUBPsych
protesting at being silenced, by being refused entry to the exam board that they co-constitute
@ucuatqub
Apparently differences of opinion constitutes ‘conflict of interest’ and will not be tolerated. Very disappointing,
@QUBelfast
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1/ The new
@UKandEU
Brexit Interview with David O'Sullivan (former EU ambassador to the US) is really worth reading in full. A forceful account of why the I/NI Protocol does not breach Strand 3 of the 1998 Agreement and how it differs from Strand 2:
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Ready for tomorrow's Protocol announcement, and in honour of every baking metaphor of the past seven years of talks. Messy, annoyingly close-textured and took ages to make (not
@Nigella_Lawson
's fault) ... We're way past oven-ready here people.
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From Arlene Foster's Telegraph op ed:
Did Granny Kelly walk to Clones, or did she have a vehicle permit?
Did she take her goods for sale by the approved route (A34) or sneak down an unapproved road?
Did she declare all her imports, or smuggle?
EU membership changed the border.
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Superficially clever ... "We're not threatening rights or the CTA" closes off some fights. But look at the clauses it does switch off (inc Art 18, which was the show piece "win" of Johnson's Protocol renegotiation, an approach says something about how much Stormont is valued) &
🚨🧨🧨🧨🧨🧨NEW: leaked section of Northern Ireland
#Brexit
bill that I've seen hand ministers massive powers to 'switch off' the Protocol...only 3 articles of the NI Protocol are specifically protected. My latest via
@FT
w
@GeorgeWParker
@jude_webber
/1
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1/ The EU's Protocol proposals are a deliberate effort to reach out to NI and to sideline what the UK Govt wants to achieve. The NI Unionist parties are in a powerful position to shape negotiations if they can decide what they want:
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It's 49 years to the month since Ireland first launched an inter-state case against the UK under the ECHR (archive files below). In 1974, the UK Govt couldn't quite believe it had happened, and tried to avoid drawing attention to it. Now it responds with state-level whataboutery.
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Just out, open access, with the King's Law Journal,
@aoifemod
and I continue our work on (re)unification referendums, exploring the challenges of recent jurisprudence and applying feminist constitutionalism to the issue of generating an inclusive process:
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Humphreys J's judgment in the Illegal Migration Act challenge now available in full. A really impressive account which shows just how much effort the NI courts have put into understanding the Windsor Framework requirements:
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The framing of the new Command Paper is wild. Unionist concerns were ignored ... By whom I wonder? The decisions of "the then Govt" caused jeopardy. It is amazing that we're just a couple of years on with the same party in office.
You wouldn't be long without being gaslit:
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Some day, I hope, the media will take more interest in what these two women are doing in office than it does in continually defining them based on their fathers' actions:
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This morning we find out just how significant Art 2 of the Windsor Framework is set to be as the NI High Court decides on the
@NIHRC
's effort to challenge the Illegal Migration Act. Will there be an NI shaped hole in this legislation? Watch this space.
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One more time with feeling ... the reason the CJEU's role under the Protocol isn't like other trade deals, is that the Protocol, in allowing NI full access as if it was part of the EUSM for goods, isn't like other trade deals.
Worth recalling that in October 2019 when Frost renegotiated the Protocol there wasn’t a peep about the ECJ and governance. On the contrary…stay with me briefly/1
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Liz Truss statement ahead of the second reading of the NI Protocol Bill, justifying the legislation on the basis of the 1998 Agreement, which remains a hard sell when, at exactly the same time, the UK Govt's Bill of Rights Bill pays scant regard to the Agreement:
NI Protocol Bill returns to Parliament for second reading in Commons tomorrow. See UKG/foreign office comms brief below
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I really appreciate the level of planning that goes into storing and reusing old election posters in NI. But watching Sammy Wilson age and de-age between lamp posts is ... disconcerting.
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Here's Prof Steve Weatherill doing the job of plowing through the entirety of the UK Govt's Benefits of Brexit report so you don't have to. Beyond the take away that it's a mess note the linkage between freeports and stripping Art 10 from the NI Protocol:
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There is something magically revealing about taking a
@hayward_katy
tweet about the eager manipulation of Northern Ireland's devolved elections to serve an anti-Protocol agenda in 2024 in Frost's speech and making it all about public schoolboys still being entitled to opinions:
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Not sure how this is remotely relevant given that Ireland doesn't and didn't have statehood over NI during the conflict...
Gloves are off in Anglo-Irish diplomatic relations.📍
London govt now publicly challenging Dublin:
“Irish Government should urgently clarify the number of criminal prosecutions brought in Ireland since 1998 relating to Troubles cases”
Extraordinary, given once-close relations.
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For a sector supposedly down on its luck (though also running surpluses, go figure) UK universities are determined to throw millions at a pension deficit WHICH DOES NOT EXIST, rather than accept UCU proposals. The salary of hundreds of staff. Students & Staff, get angry:
#USSmess
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A working paper on how the Windsor Framework changes things in terms of the Protocol, covering the headline issues of goods rules, the CJEU, committee processes and the Stormont Brake, by me and
@nialljrobb
, hopefully coming soon to the
@NILegalQ
:
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This is a major reason that the UK Govt want rid of the Protocol - the scale of GB-NI checks is currently low due to grace periods AND ongoing EU/UK product standards alignment. It will dramatically increase as the UK Govt diverges. It doesn't want NI to get in the way of this:
Rees-Mogg’s plans for “retained EU law” to see the light today.
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UCU twitter... A lot of institutions are using ex gratia payments re the MAB to get round having to accept partial performance & make proportionate deductions. Just wanted to flag this HMRC guidance (h/t
@clarkbryan71
) - has anyone had a Uni response yet?
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The Law and Practice of the Northern Ireland Protocol has landed, fully open access on
@CUP_Law
. A testament to Chris McCrudden's project management that this huge collection exists to raise the quality of public debate on Brexit's impact on NI law:
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Well, the sun has set on my thirties. Advice on surviving the next decade gratefully received...
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It's not the focus of this
@pmdfoster
article, but the EU's acceptance of the adequacy of UK data protection underpins police intelligence sharing and operational cooperation under the TCA. A lot unravels, particularly for Ireland/NI if the UK Govt pulls too hard on this thread:
🚨🚨🚨🇪🇺🇬🇧📀👩💻📀👩💻📀🇪🇺🇬🇧🚨🚨🚨
EXc: UK eyes removing EU’s human review of AI decisions.
Among ideas as U.K. gov consults on how to seek U.K.
#brexit
“data dividend”.
But privacy campaigners and EU will be watching. /1
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Every time you think the Daily Express has peaked, they come up with a headline like this, after cribbing an
@EmmaCDeSouza
piece in The Guardian.
By force, we of course mean vote in a democratic referendum, taking into account the sort of place they want to live in ...
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1 I'd echo all of this thread, and for all the discussion of flexibilities from the EU, the overriding problem with the Brexit negotiations remains that successive UK Governments have not accepted and stated the trade offs inherent in Brexit:
As others have pointed out - the Protocol flows directly from choices made by the UK government. That 'Brexit mean[t] Brexit' meant what it came to mean gave rise to the trilemma, which no amount of obfuscation or magical thinking could wish away. 1/
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And moreover ... why does the Irish Embassy need to tell Whitehall about governing Northern Ireland? The interview really backs what
@MatthewOToole2
was flagging a couple of years ago about profound institutional shortcomings in Whitehall:
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V tired of raising the B/GFA repost to this desperate line. There is never meaningful engagement with the difficulty that NI poses for any such policy. All that is left to this UK Govt is scrabbling to survive the next news cycle.
If you do need to know:
🚨 NEW: Rishi Sunak declares Britain will quit the ECHR if that’s what it takes to stop the boats
“Border security and controlling illegal migration is more important than our membership of any foreign court.”
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Can't overstate that this is absolutely the right approach to adopt today. No victim should have to be confronted with widespread speculation and everyone should keep contempt of court in mind with a formal criminal process underway.
There is clearly something very significant happening today on the political front (and no, I will not be speculating on what’s already in public domain); but if even elements of it are accurate it will have a huge impact
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Here's a working paper version of
@GoddenNikki
and my latest effort to explore the shift that vulnerability discourse is bringing to human rights jurisprudence - and what judges mean by vulnerability. Coming out soon in the Int Journal of Law in Context!
@NCLLawSchool
@IJLC_CUP
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Major MAB development - QUB sets a benchmark for other universities to offer a comparable deal or for UCEA to match for the sector as a whole. It's to the profound shame of UKHE's leadership that they have to be dragged to such a pay deal, but clearly their position is cracking:
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A really important observation by
@d_a_t_green
. JAG Griffith was writing about this when the infected blood scandal was already underway in 1979. I'll be talking about it at
@ICONSGBIE
conference in this morning's panels:
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The UK Govt "chose not to" set aside Art 2 commitments in it's immigration legislation because it could not and cannot do so without breaching the Withdrawal Agreement. NI has a higher baseline of rights protection than other parts of the UK, this has knock on consequences:
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Your regular reminder that Art 2 of the Windsor Framework has not been altered since 2018. It was agreed by the UK Govt early in the Brexit process and has not been altered at any point since, whatever Mr Habib might think:
A poor attempt by
@GRobinsonDUP
to lay the blame of the High Court ruling against the Illegal Migration Act and Rwanda scheme, at the door of govt.
HMG had a choice:
not to breach the Donaldson Protocol Deal; or
Adopt the wording so solemnly described by Robinson.
They
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The whole UKHE sector is built on committed folk saying yes as a default, or delivering sermons to Early Career Colleagues about the importance of administration for their progression. UUK don't practice collegiality ...
The entire UKHE sector is about to find out what happens when people decide to no longer go the extra mile.
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Hey there Scotland, you're looking fab from Belfast this afternoon!
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Remarkable that the UK Govt continues to actively undermine UK Higher Education, and how far it has been degraded since 2010. An obsession with micro managing the bulk of the sector into collapse:
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Here's
@StevePeers
and me on the current Ireland-UK spat. There's a lot to unpack in this mess of post-Brexit arrangements, but two Governments finger pointing at each other doesn't do anything for the stability of the CTA arrangements:
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So. New thing. Well, new edition of a thing, this time with the good folk of
@CUP_Law
. I give you the last frenzied months of my life (and Roger's too). Indeed, this morning was spent crowbarring the FDA judgment into final proofs. We'll have it in the libraries for summer exams:
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The environmental collapse around Lough Neagh and the Bann is frightening, but it isn't surprising. Environmental protection has never been prioritised and now the relevant budgets in NI have been cut to the bone.
Rivers of green soup are the harvest:
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Still can't believe that we're back in business. See you on
@BBCNews
in a few moments to discuss some week in the history of this place...
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As
@aoifemod
has pointed out, this is such a pure example of what
@fotoole
diagnosed in Brexiteer accounts of the UK's place in the world; the UK simultaneously inhabits a position of extreme weakness in breaking free from an empire, but is also thrusting, dynamic Global Britain.
"The deal leaving the EU is a one off exceptional treaty - it's like a independent country leaving an empire."
- Sir Bernard Jenkin on why the government should change the N.I Protocol
@bernardjenkin
|
#Newsnight
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