This statement is so carefully written, and fun to read just as carefully. https://twitter.com/Peston/status/1304131578638012416
Let's go through the statement, as it is really so delightful
The 'Government has today published...'
Note: not the Treasury Solicitor, not the Attorney General's Office, not the Lord Chancellor
The 'Government'
And, indeed, oddly it was the Cabinet Office that published the 'statement'
Note: not the Treasury Solicitor, not the Attorney General's Office, not the Lord Chancellor
The 'Government'
And, indeed, oddly it was the Cabinet Office that published the 'statement'
Note also the passing jab at 'statement' - not even accorded the word 'opinion'
A mere assertion, not anything reasoned
Let's move on
A mere assertion, not anything reasoned
Let's move on
'provisions that are contrary to our legal obligations'
No equitation: 'are' contrary
Not 'might be' or 'some would say may be'
'are'
No equitation: 'are' contrary
Not 'might be' or 'some would say may be'
'are'
Next, a beautiful civil service phrase
'staff will wish to note'
Ouch
That means: staff should not take what follows seriously
'note' here is brutal Whitehall-speak for something of the lowest possible import
And now the best bit
'staff will wish to note'
Ouch
That means: staff should not take what follows seriously
'note' here is brutal Whitehall-speak for something of the lowest possible import
And now the best bit
'that the Cabinet Secretary has determined that, notwithstanding the breach of international law...'
Wow
Not seen anything quite this brutal in Whitehall before
In terms, this (bare) 'determination' in defiance of the law is entirely on the Cabinet Secretary
Wow
Not seen anything quite this brutal in Whitehall before
In terms, this (bare) 'determination' in defiance of the law is entirely on the Cabinet Secretary
But what is the determination?
Now this is the clever bit
'in executing this course of action agreed collectively by ministers...civil servants are acting within their obligations under...Civil Service Code'
In effect: officials' and government lawyers' backs are now covered
Now this is the clever bit
'in executing this course of action agreed collectively by ministers...civil servants are acting within their obligations under...Civil Service Code'
In effect: officials' and government lawyers' backs are now covered
Significantly, this is *not* set out as his view as Treasury Solicitor, and he does not endorse this 'determination'
You will also notice the 'rightly' in the first sentence which is then conspicuous in its absence for the rest of the statement as he sets out the views of others
You will also notice the 'rightly' in the first sentence which is then conspicuous in its absence for the rest of the statement as he sets out the views of others
Only the concerns of colleagues are accorded 'rightly'
He *twice* state expressly the government is in breach of the law
This is taken as a straightforward fact
He *twice* state expressly the government is in breach of the law
This is taken as a straightforward fact
And the cherry, which makes this such a fun statement to interpret and analyse, is the masterful trolling in the use of the word 'notwithstanding'
You get the impression that the sentence with 'notwithstanding' in had to be worked so as to get the word into the statement
You get the impression that the sentence with 'notwithstanding' in had to be worked so as to get the word into the statement
So a clever and subversive statement there from the government's chief legal official
Perhaps overall the most important thing about this is the sheer distance the Treasury Solicitor is putting between him and 'a statement' of the 'government'
There is some serious dislocation in government - more than even before
There is some serious dislocation in government - more than even before