Andrew Tettenborn

Poland's legal wrangles with Europe show no sign of ending. Back in September, the Polish Constitutional Tribunal determined that some parts of EU law might be contrary to the country's constitution. Now the tribunal has lit another firework: doing the same in respect of the European Convention on Human Rights (the ECHR). Is this just another round in the war between the European elite and the ruling political party, the PiS (which is cordially detested in both Brussels and Strasbourg)? You'd be forgiven for thinking so. Yet this latest wrangle is much more significant, since it opens up an entirely new front.

The hounding of Kathleen Stock – who left Sussex university following a concerted campaign against her by trans rights activists – was a disgraceful indictment of freedom of speech on campus. But one remedy for preventing a repeat – the so-called 'Stock amendment' to the Higher Education (Freedom of Speech) Bill, now passing through the Commons – isn't the answer. Impetuous legislation is normally bad legislation; unless we think very carefully, we may end up with something ineffective or even counter-productive. At first glance, a simple ban on students piling in to demand the sacking or departure of professors on account of their politics or teaching might look good.

‘You can’t libel the dead’ is burned into the consciousness of any serious journalist or writer. It provides much-needed comfort: however tactful you have to be about the living, once someone has died you can say what you like about them without getting sued. Or can you? Seven years ago the European Court of Human Rights dropped a worrying throwaway remark that this might be unacceptable because allowing untrammelled comment about a deceased person might infringe the human rights of his family. Last week, in a disconcerting decision that seems to have gone entirely unreported in the media (you can read the official report here), that same court built on its earlier suggestion and at a stroke gave publishers a whole new worry.

For many years, the EU has posed as a kind of overbearing imperial leviathan, which insists its law has to prevail over that of the states that make it up. Now its bluff appears to have finally been called: the Polish constitutional court in Warsaw ruled yesterday that some EU laws are in conflict with the country’s constitution. Understandably, Brussels is not happy. But what can it do about it? The background to all this is a spat between Brussels and Warsaw about whether Poland’s machinery for appointing judges to its own courts is EU-compliant. Brussels says it is not, because under it judicial impartiality cannot be guaranteed. This, it says, is contrary to EU law – and it has a judgment of the EU Court of Justice to back it up.

The Supreme Court judgment striking down a couple of Acts of the Scottish parliament has been greeted with typical outrage from the SNP. Nicola Sturgeon has been busy fulminating that she is now 'unable to fully protect children’s rights'. But the First Minister shouldn't be surprised by this legal defeat: there was little chance of it going any other way. In spite of Sturgeon's fury, the two Acts in question were not actually very significant. The more high-profile one sought with much fanfare to incorporate into Scots law a treaty little-known to most of us outside the progressive establishment, the UN Convention on the Rights of the Child.

In a few hours' time, comedy fans in Sheffield will take to the streets in protest. Their cause? Not Brexit, or climate change, but the decision to ban Roy 'Chubby' Brown from performing a gig in the city. Chubby, who is not to everyone's taste, is best described as the North’s answer to Bernard Manning or Jim Davidson. An earthy stand-up comic from Middlesbrough, he is perfectly prepared to talk, joke and trade raillery about race, religion and sexuality in a way few other performers are. This week, after 30 years of performing in Sheffield, he was told he is no longer welcome. Sheffield City Trust, which runs various leisure sites on the local council's behalf, summarily cancelled a planned performance by him in the city’s Oval Hall next year.

When Eton master Will Knowland was sacked last year over anti-feminist views contained in a YouTube video which he refused to take down, alumni and others rightly called out Eton’s small-mindedness and intellectual conformism. If the best-endowed schools in the land can’t stomach unorthodox opinion, what hope for UK education generally? They were, of course, entirely right. But there is a further, more serious, side to the story. This week’s widely-welcomed victory by Knowland is not the end of the matter. Eton, as it was required to do when dismissing a teacher for gross misconduct, had reported the circumstances to the professional body for teachers, the Teaching Regulation Agency.

As if Rotherham, Rochdale, Telford and other places were not enough, last week we had another local authority child sex abuse scandal, this time from Lambeth. The child sex abuse inquiry’s damning report concluded that for years councillors and local authority managers in the borough were too indolent, too concerned with politics, and at times too compromised with local pressure groups, to take steps to protect some of the most vulnerable children in their care. The sufferers, as ever, were the children. Meetings, inquiries and promises to do better from Lambeth and other councils up and down the kingdom are a certainty. But it may be time for some more blue-sky thinking. True, any decent state needs to look after the young, the old and the vulnerable.

When European governments openly disobey courts, ears prick up. When two courts simultaneously contradict each other on the same day and descend into an unseemly shouting-match, all bets are off. Welcome to the mad world of Poland’s legal relations with the EU. The ruling Law and Justice Party in Poland, PiS, is cordially detested in Brussels. Its policies, which are quite popular locally, are anathema to the liberal and cosmopolitan Euro-nomenklatura. Back in 2017, PiS introduced technical changes to the terms of appointment of the Polish higher judiciary, including a disciplinary chamber with political connections armed with powers in certain cases to sanction judges.  The measures were aimed at halting corruption.

The recent decision by Boris Johnson's government to put a five-year time-bar, save in exceptional circumstances, on the prosecution of British troops for crimes committed during overseas operations, came as a welcome relief to soldiers. Those who served their country abroad now know they are effectively safe from stale prosecutions in the distant future; veterans who have long since moved on can now live in peace.  But note the word 'overseas'. Why not everywhere? The answer is easy: the Irish elephant in the room. The government feared that any attempt to time-limit prosecutions over events during the Northern Ireland Troubles would stir a hornets’ nest. It chose instead to leave those who had served in Northern Ireland exposed for ever.

Big corporations have a lot not to be proud of, and we certainly could do with laws to rein in some of their excesses. But that doesn’t mean that we should necessarily nod those laws through without a careful look.  A case in point is the demand made in recent days for the government to follow an EU initiative and introduce a 'corporate responsibility' law. This would require British companies to vet their entire supply chains for, among other things, human rights violations. The EU scheme in question, based on a European parliament vote in March, is what you have to look at to see just what is being asked for. Its demands are both interesting and, shall we say, not modest.

Trade deals are in the air post-Brexit, but not everybody is happy. In a speech this week Frances O’Grady, the TUC General Secretary, accused the government of not taking international morality into proper account when closing such deals. She demanded the government take steps to suspend trade deals with a number of countries that, according to recent research by the TUC, had a murky record on labour standards and human rights. By failing to do this and continuing to deal with these regimes, she said, the UK would be turning its back on workers everywhere and in addition demonstrating that it could not be trusted to observe decent standards at home.