Law

To present the government side in the Shoesmith case, former minister Kevin Brennan MP has written an extensive defence of Ed Balls' decision to sack Sharon Shoesmith. Brennan's argument is predicated on Ofsted's report. Brennan writes: 'Faced with such a report, the Secretary of State had to act decisively. Anyone who doubts for a moment the decision Ed Balls took should look again at that report and its implications for the leadership of child protection in that borough.' Shoesmith has cast doubt on Ofsted's report, asserting that its authors had been leant on after they had conducted their research and found her department to be under pressure but in good order. The appeal to the Supreme Court will clearly have to test the independence of Ofsted's report.

Whitehall sources say Michael Gove will appeal the Court of Appeals judgement which decided Sharon Shoesmith’s dismissal was so ‘legally flawed as to be null and void’ to the Supreme Court. Although Gove recognises that Balls blundered in the way he dismissed her, he also believes that there are important constitutional principles at sake in this case about how Ministers make important and urgent decisions and what the role of the courts is in challenging such decisions. Gove wants the Supreme Court to consider these issues because of the huge importance of judicial reviews, which are being used repeatedly by opponents of the government to try and stymie its agenda.

I’ve always rather admired Hugh Grant, so it was almost a pleasure to be beaten up by him on Newsnight last Friday. He was attacking the celebrity-hunting media, whereas I set out to defend free press and self-regulation of the media. If you’re going to have sympathy with any Hollywood figure, you’d have sympathy with Hugh: he’s a single man who has never tried to moralise, and has cameras pointing at him everywhere he goes. Besides, he made an impassioned and powerful case against the intrusion of the paparazzi — while yours truly was left defending the Press Complaints Commission. But I didn’t know, until I met him that night, that Hugh is also a Spectator subscriber — and has been for years.

Has Ken Clarke just signed his own political death certificate? Whether you agree with his liberal sentencing reforms or no', there's little doubting that the Justice Secretary has just stumbled quite emphatically on Radio 5. It looked bad enough for him when, discussing an idea to cut the sentences of those who plead guilty to sex attacks, he blustered that, "No, I haven't put this idea to women who've been raped because I haven't met one recently." But then it turned even worse when a rape victim called in to describe her tragic case: she had been dragged through the courts for almost two years in search of justice, only for her attacker to plead guilty, have his sentence cut, and then go on to reoffend. Through tears, she described Clarke's proposal as "a disaster".

I suppose you could call it an O-turn. First, the Prime Minister declared, in a speech aboard HMS Ark Royal last year, that a new military covenant would be enshrined "into the law of our land." Then, there seemed to be a U-turn, with the government committing only to review the covenant annually, not to lend it legal force. Yet, now, a U-turn on the U-turn, with the news that it will be etched into the staute books after all. The defence minister Andrew Robathan tells today's Telegraph that, "we are putting the military covenant on a statutory basis for the first time." The formal announcement is expected in the House on Monday, pending the outcome of some "final discussions".

The charge sheet against Colonel Gaddafi in any trial would be a long one. There are his crimes against his own people, his support of terrorism overseas and his wars in Chad. But, however morally right it would be to make Gaddafi face justice, the door should be left open to him to go into exile. Gaddafi and his family leaving Libya would make possible an end to this conflict and prevent huge bloodshed as Gaddafi attempts to cling on to power street by street. The unpleasant truth is that if dictators are left only with the choice between fighting to the bitter end and a trial in the Hague, they will pick the former option as they have little to lose.     This war in Libya can only be ended by Gaddafi’s departure from power.