Ross Clark

Ross Clark

Ross Clark is a leader writer and columnist who has written for The Spectator for three decades. He writes on Substack, at Ross on Why?

Lawfare: how Starmer will govern through the courts

From our UK edition

40 min listen

This week: Lawfare Our cover piece examines how Keir Starmer’s legal experience will influence his politics. Ross Clark argues that Starmer will govern through the courts, and continue what he describes as the slow movement of power away from elected politicians. As poll after poll predicts an unprecedented Labour majority, what recourse would there be to stop him? Ross joined the podcast to discuss alongside solicitor and commentator Joshua Rozenberg (02:15). Next: we’ve become accustomed to the police wearing cameras, but what’s behind the rise in bodycams in other industries? In her article this week, Panda La Terriere highlights the surprising businesses that have begun using them, but what are the implications for daily life and how concerned should we be?

The Surrey oil judgment undermines our democracy

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The Conservatives are in favour of granting licences for new oil and gas extraction; Labour is against it. But what does it matter what either party have put in their manifestos when the Supreme Court has just asserted the right to decide Britain’s energy policy for us? In a judgment this morning the Supreme Court decided that Surrey County Council was wrong to determine a planning application for a small oilfield near Gatwick Airport without considering the carbon emissions which would be released in burning the product.

How Keir Starmer plans to rule through the courts

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Never mind Labour’s promise not to raise income tax, national insurance or VAT – the party will soon be jacking up taxes for everyone. That sums up the Conservatives’ attack line for this election campaign. But in focusing almost wholly on tax, the Tories are missing what threatens to become the real theme of a Keir Starmer government: the eclipse of elected politicians and the continued draining away of power to the courts. The Labour leader effectively decriminalised assisted dying in 2009, before he was even an MP According to polls, Labour is heading for a majority of more than 200. That in itself would clip the wings of the House of Commons.

It shouldn’t be surprising that a Muslim son of immigrants is funding Reform

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Should it really be a surprise that Zia Yusuf, a Muslim entrepreneur who made his fortune setting up a company that runs an app providing concierge services for posh blocks of flats, has chosen to support Reform? It is clear that Mr Yusuf has not thrown his lot in with Reform in spite of its policies on migration, but because of them. Britain, he says, has ‘lost control of its borders’, adding, ‘my parents came here legally. When I talk to my friends they are as affronted by illegal Channel crossings, which are an affront to all hard-working British people but not least the migrants who played by the rules and came legally.

What’s the real reason Jim Ratcliffe is backing Starmer?

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On the face of it, there could hardly be a better example of a turkey voting for Christmas than the news that Jim Ratcliffe has come out and backed the Labour party. Yes, a Brexiteer who owns one of Britain’s six oil refineries really is throwing his weight behind Keir Starmer, a man who wanted to frustrate Brexit through a second referendum and whose party is committed to speeding up net zero by refusing to issue new licenses for oil and gas extraction in the North Sea and by decarbonising all power by 2030. Clearly, Ratcliffe is not stupid, so is he suffering from Stockholm Syndrome, or is there some expedience in his political declaration? Ratcliffe has no doubt worked out that there will be plenty of public dosh on offer I suspect the latter.

Why the Tories’ tax black hole attack on Labour will backfire

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The Conservatives love trying to reduce their estimates for the cost of a Labour government down to a neat per-household figure, which makes it easy for voters to appreciate but comes with the danger that the figure will fall apart on closer examination. That is what happened with Rishi’s Sunak’s claim, made in his ITV two-way debate with Keir Starmer, that Labour is planning tax rises of £2,000 per household. That turned out to be over four years rather than one, as many people might have assumed, and turned out to rely on all kind of assumptions which were made by Conservative party researchers rather than the Treasury officials to whom the Prime Minister tried to attribute the whole exercise.

David Cameron is driving voters into Farage’s arms

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Who on earth at Tory campaign HQ thought it was a good idea to send Lord Cameron into battle to attack Nigel Farage and try to head off the gathering threat from Reform UK? In an interview with the Times today, the Foreign Secretary accused Farage of dog-whistling. He may well be right: it doesn’t take too much imagination to see how Farage's assertion that Rishi Sunak 'doesn’t understand our culture' will have gone down with some voters. The trouble is, though, that Lord Cameron reminds many Reform-leaning voters of everything they dislike about the Tories. He represents the privileged, patrician wing of the Conservative party – the toffs and landowners, the green welly, ‘get orf my land’ brigade.

Starmer wants to go for growth – but will he end up like Liz Truss?

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Keir Starmer, it turns out, was a secret Liz Truss fan all along. Launching his party’s manifesto this morning he is going to tell us that growth will be the overriding preoccupation of his government. That, if you remember, is what the Truss premiership was going to be all about: ‘growth, growth, growth.’ How is he going to generate growth, and in a way that doesn’t have him landing flat on his face like Truss herself? Starmer has decided that he is going to take the levellers and the greens head-on. ‘Some people say that how you grow the economy is not a central question – that it’s not about how you create wealth but how you tax it, how you spend it, how you slice the cake, that’s all that matters. This manifesto is a total rejection of that argument.

When will the Greens get real?

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There is something a little refreshing about the Green party. In contrast to Rishi Sunak, who has no option but to carry on pretending he has the slightest chance of remaining in Downing Street after 4 July, Green party co-leader Adrian Ramsay admitted at his manifesto launch this morning that his party isn’t looking to form the next government. The party’s realistic hope seems to be to double its number of Commons seats, from one to two. Nevertheless, the Greens do have a full manifesto for government, so let’s do it justice by taking it seriously. Mercifully, the Greens seem to have not bought into the fashionable concept of ‘degrowth’ (i.e., permanent recession). In fact, there is a rash of spending promises that seem to rely on a rapidly-growing economy.

Sunak’s National Insurance pledge could backfire

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Two years ago, as Chancellor, Rishi Sunak chose to jack up National Insurance contributions. It is a mark of how all over the place this government has been that cutting NI has now emerged as Sunak’s big idea.  Fairness to the Conservatives seems to mean the self-employed being excused from a 6 per cent tax which is paid by employees Abolishing the main rate of NI for the self-employed by the end of next parliament is the one eye-catching initiative which was not trailed before the launch of the Conservative manifesto – the now customary ‘rabbit out of the hat’. Employees will get an NI cut, too – their rate will fall to 6 per cent by 2027. But there is a clear risk with Sunak’s strategy. Employees might feel a little hard done-by by comparison.

Lib Dem policies are as barmy as their campaign

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Ed Davey has finally taken a break from fooling around to launch some policies. But one of them, in particular, is not going to please a great number of Lib Dem voters. The Lib Dem manifesto is to propose giving local councils the power to put a 500 per cent council tax surcharge on second homes. Obviously, there is minimal danger of the Lib Dems actually getting into power to impose such a policy, so those nice Lib Dem voters in Richmond and Kingston who have boltholes in Salcombe, Southwold, and so on can still afford the luxury of voting for the party without actually having to face the cost of its policies.

How many more houses will Labour actually build?

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Is Labour really going to help get 80,000 people on the housing ladder over the next five years under its Freedom to Buy scheme, as it is claiming this morning? Given the rather light ambition of this target, I would say it probably has a chance of hitting that target, although it won’t transform the life-chances of young people. According to the ONS, 51.4 per cent of 20 to 24-year-olds were still living with their parents, along with 26.7 per cent of 25 to 29-year-olds. That is several million people who in past generations might have been expected to be making their own way in the world – indeed, the figures above have grown substantially over the past decade: in 2011, 44.5 per cent of 20 to 24-year-olds and 20.1 per cent of 25 to 29-year-olds were living with their parents.

What happened to the ‘gigafactories’?

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Remember all those ‘gigafactories’ that were going to decarbonise our road transport and create many thousands of green jobs into the bargain? Now comes yet one more sign that all is not going according to plan. The Automotive Cells Company (ACC), a joint venture between carmakers Stellantis and Mercedes-Benz, and energy company Total Energies, has suspended work on two plants that it was constructing at Kaiserslauten in Germany and Termoli, Italy. It already operates one factory in France which was opened last year.   Ostensibly, the retrenchment is just temporary while the company investigates alternatives to the nickel-based batteries it was planning to manufacture there.

The trouble with the Tories’ ‘Family Home Tax Guarantee’

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There is a very big problem with Jeremy Hunt’s Family Home Tax Guarantee, though which he promises a Conservative government would not increase the number of council tax bands, carry out a council tax revaluation, cut council tax discounts, impose capital gains tax on sales of main homes or increase the level of stamp duty. It reminds voters of all the times that the Conservatives have jacked up property taxes in the past 14 years. No-one paid more than 4 per cent on any sale. George Osborne soon changed that When David Cameron become Prime Minister in 2010, stamp duty was levied at 1 per cent on homes sold for between £125,000 and £250,000, 3 per cent on homes sold for between £250,000 and £500,000 and 4 per cent on homes sold for over £500,000.

The truth about Labour’s fiscal black hole

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It is small wonder that Treasury officials are unhappy about Conservative claims about Labour tax rises being attributed to them. The civil service is supposed to be neutral, and be seen to be neutral. James Bowler, permanent secretary at the Treasury, who wrote to the Labour party expressing concern that certain figures are being attributed to his officials, will almost certainly find himself having to work with a Labour government in a few weeks’ time.  There is one figure at the heart of the Conservative analysis of Labour’s tax and spending plans which really should be causing concern What the Conservatives have done in making the claim that Labour will saddle households with an extra £2,000 in tax rises might be described as sharp practice.

The problem with Sunak’s migrant cap

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It is perhaps no accident that Rishi Sunak has rushed out his proposal for a cap on migrant workers and their dependants the day after Nigel Farage announced that he was taking over as leader of Reform UK. But you wonder how many votes there really are in a migration cap when Farage is already out there promising to reduce net migration to zero – a new interpretation of net zero, if you like. If you don’t like migration at all, Reform UK would seem to be your obvious choice. If, on the other hand, you are offended by illegal migration while accepting the argument that employers need the right to recruit some overseas workers, then the Tory policy announced today doesn’t seem quite right, either.

Nigel Farage’s election U-turn could be deadly for the Tories

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No wonder that Nigel Farage has decided that he would rather be leader of Reform UK than merely honorary president, and that he would like another shot at standing as an MP in Clacton. He looks as if he is the only politician – with the possible exception of Ed Davey – who is actually enjoying this campaign. Indeed, he seems to have engaged what used to be Boris Johnson’s secret political weapon: optimism. That could prove to be deadly for the Conservatives. Farage's thin skin seems to have thickened markedly Farage hasn’t always been all smiles on the campaign trail.

Who will survive to lead the Tories?

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In spite of his conviction for falsifying business records, Donald Trump is still expected by many to make a remarkable political comeback in November’s US election. Could we see an equally remarkable comeback this side of the Atlantic, too, with Liz Truss returning to the stand for the leadership of the Conservative party? It’s possible to see a scenario where Truss is one of the few hopefuls remaining Today’s Electoral Calculus poll predicting that the Conservatives could be reduced to just 66 seats on 4 July raises the question: who would still be around to lead the party after the almost certain resignation of Rishi Sunak?

Labour’s energy plan doesn’t add up

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So, we have a little more flesh on the bones of Labour’s energy policy, with the party giving more details of Great British Energy, the state-owned company it wants to set up to invest in wind and solar energy. But there are still gaping holes in Labour’s promise to decarbonise the electricity grid by 2030 – and save consumers money in the process. First to note is that Labour seems drastically to have toned down the claims as to how much its energy policies will supposedly save consumers. Until today it was claiming that it would save us ‘up to £1,400’ a year.

Home insulation is the latest net zero farce

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Zoe Godrich of Swansea might best be described as collateral damage in Britain’s glorious march towards net zero. Three years ago, she had her three-bedroom home fitted with cavity-wall insulation – which the government is out to encourage through its Great British Insulation Scheme. Sadly for her, it has not worked out quite as intended. With Labour now promising billions more to retrofit homes with this kind of stuff, what could possibly go wrong? Within weeks of having it fitted, Godrich says her walls started to run with water, and black mould started to form on her walls. She can no longer use two of her bedrooms, and she and her children now have to slum it on mattresses in the one remaining habitable room.