Andrew Tettenborn

Andrew Tettenborn is a professor of law at Swansea Law School

The EU’s muddled response to Gaza has exposed its flaws

The EU's response to the war between Israel and Gaza has been badly muddled. While Rishi Sunak and Joe Biden have been making their view crystal clear on Israel’s right to defend itself against Hamas’s attacks, Josep Borrell, the top EU diplomat, has toed a different line. Borrell this week called for what was effectively an Israeli ceasefire to allow humanitarian aid into Gaza. Israel’s more ardent European allies are furious. 'We cannot contain the humanitarian catastrophe if Gaza’s terrorism continues. There will be no security and no peace for either Israel or the Palestinians if this terrorism continues,' Annalena Baerbock, Germany’s foreign minister, said.

Who do the police protect?

The function of the police, one might have thought, was to protect the weak against the overbearing and the bullying. Unfortunately, a by-product of the Gaza crisis has been to suggest that, at least on the streets of London, a bit of carefully targeted thuggery against your political opponents can pay useful dividends. For some days now, the Campaign Against Antisemitism (CAA) has been raising awareness of the plight of abducted Israelis in Gaza by driving display vans around iconic parts of London. These vans are fitted with electronic billboards on the sides and back containing the names of children taken by Hamas from Israel a couple of weeks ago, and still holed up (assuming they are alive) in the Gaza Strip.

Donald Tusk’s victory will only please Brussels

Change in Poland looks likely. A second exit poll gives the ruling Law and Justice party (PiS) the most votes, but not enough to form a majority. The nativist right-wing party Konfederacja might’ve helped them form a coalition, but even combined the two parties still don’t have the numbers. Ex-Eurocrat Donald Tusk, who leads Civic Platform (KO), says he has built a coalition with Lewica, on the left, and Third Way (TD), conservatives, that can govern Poland. The result is not particularly good for the Polish people, or for Europe, but the European Commission in Brussels, and progressives on the Continent generally, will be delighted. Brussels benefits twice over from Tusk’s coalition.

Suella Braverman’s Israel protest clampdown is troubling

It is understandable that Suella Braverman has swiftly written to chief constables demanding them to take a tough line on potentially anti-Semitic protests. She pointed out that while it was true that explicitly supporting Hamas, a proscribed terrorist body, was ipso facto a crime, the police could go much further in discouraging demonstrations of this kind. Waving a Palestinian flag could in suitable circumstances be taken as amounting to a glorification of terrorism, another serious offence; the mere act of chanting ‘from the river to the sea, Palestine will be free’ might in some cases be a public order crime; and so on. And, she added, something had to be done about what people were saying on the internet. Online offending, she said, ‘is as serious as offline offending’.

Sunak’s smoking ban is a terrible policy

What, you might ask, has Rishi Sunak been smoking? There is no way to spin as conservative the idea of working towards a complete ban on cigarettes by legislating a progressive age-related bar on buying tobacco. This is not conservatism as libertarianism or as the Scrutonian practice of not taking the axe to existing social institutions. The only serious precedent is not happy: think supremely bossy Jacinda Ardern, the New Zealand premier who brought in a similar draconian ban last December before abruptly leaving politics. Rather like Prohibition, this will open the door to bootlegging and racketeering Admittedly, there is on one level a kind of abstract logic here. A lacklustre Keir Starmer, seeking a shiny new health policy.

Suella Braverman’s sex offender crackdown won’t work

It’s easy to see the thinking behind Suella Braverman’s plan announced in Manchester today to prevent sex offenders changing their name. In a country without ID cards or universal means of identification, it is fairly easy discreetly to disappear if you are at the margins of society, and possibly even to find a way of claiming at least some form of social security. This obviously defeats much of the object of having a sex offenders’ register, since it can in too many cases reduce the official record to something more like Gogol’s rentroll of dead souls. True, it is already technically a crime for anyone on the register not to tell the police of any change of name, address, or other details.

Letting Strasbourg rule on net zero is a risk to democracy

Any serious politician knows perfectly well by now that net zero 2050 won’t fly democratically. There was an inevitability about Rishi Sunak graciously allowing us longer to keep buying our petrol cars and using our gas boilers, not to mention Emmanuel Macron’s own subsequent climbdown on the gas boiler issue in France earlier this week. Their voters would not have stood for anything else. But where does this now leave the serious climate activist? Effectively they have two choices: make the best of a democratic process which has turned against them, or move to take such decisions out of the hands of the voters.

Poland’s relationship with Ukraine reaches breaking point

Poland is Ukraine’s best friend in Europe. But no alliance can ever be entirely unconditional, and this is as true of the Poland–Ukraine bond as of any other. Poland, which has supplied Ukraine with tanks and fighter jets since the start of the war with Russia, has now said it will stop supplying weapons. The reason for the fall out is one that has been simmering for months: Ukraine's grain. Since Russia withdrew its Turkish-negotiated free pass for grain exported from Ukraine ports in July, Moscow has been targeting Ukraine’s grain infrastructure at Odesa and elsewhere.

Who cares if this UCL academic ‘undermined’ Britain’s history?

There’s a long list of academics, some of whom are on the right, who have had their lives made difficult by fellow academics. Now, for a change, a left-wing academic is feeling the heat.  Dr Jenny Bulstrode, a history lecturer at University College London (UCL), has been accused of ‘undermining the history of Britain’ without evidence. The allegation came after Bulstrode claimed in a paper that an English ironware maker, Henry Cort, stole his invention from slaves. Before conservatives engage in too much self-congratulation, however, they should stop and think carefully about whether this attack against Bulstrode is really something to celebrate.

Don’t fine drivers for doing 31mph in a 30mph zone

Drivers could soon be prosecuted for travelling 1 mph over the speed limit, at least if some MPs get their way. The all-party parliamentary group on walking and cycling (APPGWC) also proposes stiffer penalties for drivers of heavy cars like SUVs involved in accidents, and an invariable requirement for a fresh driving test for anyone disqualified. However well they may go down among a certain class of activist, it’s not difficult to see that these are all fairly terrible ideas.  First, speed limits. Current informal guidance from police chiefs, pretty widely observed in England (though not in Scotland) is '10 per cent plus 2': in other words, ignore speeds up to 35 mph in a 30 mph zone, 57 in a 50 mph zone, and so on. This must go, the APPGWC say. Why?

What’s the point of forcing murderers like Lucy Letby into the dock?

We all recoiled when Lucy Letby, a nurse of all things, was convicted of killing seven babies in cold blood. But this murderess had one more card up her sleeve. When called to court for the last time to receive the inevitable sentence – not only life, but in her case whole-life – she casually declined to appear. By doing so, Letby added insult to injury, constraining the grieving parents of her victims to watch the judge address an eerily empty dock.  Under the present law she was arguably within her rights. But not for much longer. The government, with it seems the full backing of Labour, has promised to change things.

The break up of Bosnia-Herzegovina cannot come soon enough

If you fret about a democratic deficit in the EU or even Britain, turn your mind for a moment to one European country with a very peculiar form of democracy indeed. In this country, divided into two parts which hardly deign to speak to each other, your right to vote, to be returned, and in certain cases to stand for office, depends on your declared ethnicity. The presidency is split among three people, again chosen by law on ethnic lines.  The whole affair is presided over by a High Representative, a kind of international proconsul (previous appointees include Paddy Ashdown; the present one is a softly-spoken German former agriculture minister). They possess almost plenary powers to change the law or the constitution by a stroke of the pen.

The EU is heading for a bruising showdown with eastern Europe

Eurocrats don’t naturally do compromise, but Brussels may have to learn to compromise quite fast if it is to have any hope of avoiding a bruising showdown with eastern Europe. As often happens the backdrop is formed by events in Poland, where the ruling PiS party under Prime Minister Mateusz Morawiecki faces a crucial election in October. Apart from a rather esoteric ongoing argument about the rule of law which it is fair to say even most Europe-watchers don’t understand, Warsaw currently has two big gripes against the central EU bodies.

WhatsApp messages shouldn’t be criminalised

Imagine a policeman feels your collar and tells you you’re nicked because someone has reported you for telling off-colour stories in a corner of the rugby club bar, or for making sick jokes at a party to a group of friends which the authorities disapproved of? Something as positively Stasi-esque wouldn’t happen here, would it? Perhaps not in that form, at least yet.  How have we got to the position where we are policing private speech for politeness? But change the scenario to the online world, and something disconcertingly like it is already in place.

Lincoln’s Inn has fallen for the latest fad

The story of the out-of-touch 1960s High Court judge asking counsel ‘Who are the Beatles? Are they giving evidence in this case?’ is almost certainly apocryphal, as is the suave response (‘I believe they are a popular beat combo, m’lud.’). But a majority decision from the Benchers of Lincoln’s Inn this week shows that senior lawyers can still manage the remarkable feat of being at the same time both super-hip and blithely unaware of much going on around them.  From its founding in the turbulent late fourteenth century the Inn has started all formal meals with a grace, the present version being: ‘Lord God, Heavenly Father, bless us and these Thy gifts which we receive from Thy bountiful goodness, through Jesus Christ, our Lord. Amen.

Rishi Sunak should ignore the National Trust’s empty voter threats

The National Trust, RSPCA, RSPB and the Woodland Trust have put the government on notice over its climate policies. Prime Minister Rishi Sunak has effectively been told: water down your net zero commitments and you’ll have our 20 million members to answer to.  The warning came in an open letter in which the PM was told: ‘We will not stand by whilst politicians use the environment as a political football. It is courage and leadership that we need now.

Does Labour know the point of going to university?

It’s not difficult to pick holes in Education Secretary Gillian Keegan’s plan, publicised over the weekend, to deal with so-called 'rip off' university courses. True, there is a serious problem. Too many students are being inveigled into signing up for degrees with low entry requirements, little intellectual stimulation, a high drop-out rate and not a great deal deal of vocational usefulness at the end of it all. Something clearly must be done about this grievous waste of both young people’s time and also a great deal of just-about-managing taxpayers’ money. The trouble with the government’s answer is that it shows a miserable myopia about the point of higher education.

The BBC presenter feeding frenzy

Rishi Sunak has touched down at the Nato summit, but there's only one question journalists want to ask him about: the allegations that a BBC presenter paid a young person for explicit photos. The claims are 'shocking and concerning', the Prime Minister said, adding that he has been assured the BBC's investigation will be 'rigorous and swift'. Yet amidst the ongoing and frantic speculation – and endless chatter on social media – the silence from officialdom, the police and the news media as to who the man at the centre of the story actually is has been deafening. A veritable feeding frenzy continues online, not to mention on foreign websites speculating on who the unlucky man might be. The result has been predictably toxic.

The EU is heading for a clash with Poland over immigration

Failing to tackle immigration isn't only a problem for Rishi Sunak. The European Union is also struggling to deal with the issue. Now, Brussels has devised a plan for dividing up among its member states the would-be migrants at the EU’s doors. But Poland and Hungary are not happy. The EU used qualified majority voting, which is intended to allow a sufficient number of its larger countries to override a small number of holdouts, to push the idea through. Essentially each member state will be given a quota and could then be charged €20,000 (£17,000) per head for falling short. This is legally fairly watertight, since, under EU law, immigration is generally a matter for majority voting.

The Rwanda ruling is nothing to cheer about

The government’s loss in its Rwanda appeal spells trouble for Rishi Sunak. But liberals are delighted: 'Massive result,' said the barrister Adam Wagner after the Court of Appeal ruled that would-be asylum seekers cannot be sent to the African country while their claims are processed. Sunak plans to seek permission to appeal to the Supreme Court – but his pledge to 'stop the boats' looks to be in trouble. Or is it? There is more to today's decision than meets the eye. The victory hardly resounding. Of the five grounds of appeal, ranging from super-technical ones like retained EU law and data protection issues to more general issues of conditions in Rwanda, only one was successful – and only by a majority of two to one (the Lord Chief Justice dissenting).