The Enemy Within?

[ToraToraTora]

https://www.bbc.co.uk/news/uk-politics-68934480

Civil servants serve the people by implementing the elected governments policies. The clue is in the name. Why do these enemies of the state think they can mount legal challenges. What a bunch of self important narcissists.

[youngmafbog]

//It will be amusing to note how TTT's epithets will change whenever the Civil Service thwart the next (Labour) Government.  //

a rather large presumtion there, but it will be even moreamusing to see the lefts reaction when the Metropolitan Liberal elite civil servants do it to them.

This is not a new thing though, it was the whole basis of "Yes Minister".

[New Judge]

"This is not a new thing though, it was the whole basis of "Yes Minister"."

Yes and everybody laughed at that. Well to regurgitate the phrase that Mr Farage borrowed from the late Bob Monkhouse, "They're not laughing now."

[fiveleaves]

Civil servants are meant to be politically neutral in undergoing their tasks. However, they are also bound by the Civil service code which amongst many other things would prohib a civil servant from breaking international law.

I guess Nazi Germany must have had a civil service of some description. Would they have been expected to obey every instruction by the Nazi government

[New Judge]

“…they are also bound by the Civil service code which amongst many other things would prohib a civil servant from breaking international law.”

Would it? Here’s the Civil Service Code:

https://www.gov.uk/government/publications/civil-service-code/the-civil-service-code

There is no reference to “international law” (see below for the explanation of the inverted commas ) in it at all. The only reference to “law” is this:

[You must[ comply with the law and uphold the administration of justice

I placed “international law” in inverted commas because there is a considerable difference between what is termed international law and the statutory and Common law by which people in the UK are bound. What is often termed international law if a series of treaties, freely entered into by individual nations (and who are free to denounce them if they wish). But more importantly than that, individuals (including Civil Servants) are not bound by them and cannot see action taken against them if their government (who are the signatories to the treaties) take action which might be deemed contrary to them.

“The law” in the CS code is the statutory and Common Law by which we are all bound and which we cannot denounce. It is the job of Ministers’ to ensure the UK’s compliance with international treaties. Civil Servants can advise them when they make their decisions, but the responsibility for compliance remains with politicians.

To take the Rwanda Bill specifically, it includes passages which specifically ensure that “international law” is not applicable. For example, in its introduction it explains the basis for this:

It is recognised that—
(a)the Parliament of the United Kingdom is sovereign, and
(b)the validity of an Act is unaffected by international law.

The result of this recognition is that “decision makers” (who may consider asylum and immigration cases) are not to be bound by certain treaties or the UK’s Human Rights Act. They are to be “disapplied” for the purposes of the Rwanda Bill. You need to read the entire Act to get an understanding of this, But it demonstrates that the UK government can and has “denounced” the relevant treaties for the purpose of the Rwanda Bill, showing that Parliament is sovereign over “international law”.

The Rwanda Bill has received Royal Assent and forms part of UK statutory law. It is that to which Civil Servants must pay heed when they consider their responsibilities under the CS Code. 

[jourdain2]

Mrs T, along with many of us absolutely loved 'Yes, Minister'. It was brilliantly written, which attracted most who remembered 'The Men from The Ministry' on R. 4.  I do, however, remember her saying that it was a very accurate portrayal of the actuality.