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Evening Standard
Evening Standard
Comment
Jack Kessler

OPINION - In the Conservative Party, there is always someone to your right

"Constitutionally really quite extraordinary" – that's the view of former Supreme Court justice Lord Sumption on the government's plan to use emergency law to "change the facts" and declare Rwanda safe. Is he right?

The home secretary delivered the classic ministerial non-response, telling the BBC: "Find me two lawyers and I will give you three opinions." Unfortunately, James Cleverly was also unable to deny he had used the word "batshit" to describe the Rwanda scheme, which somewhat undercut his insouciance.

It's all getting a little bit messy. Speaking after the court's ruling last night, Rishi Sunak declared that he would “not allow a foreign court to block these flights”. There are a couple of obvious problems with this rather bombastic statement.

First, the UK Supreme Court is – clue's in the title – a British court. Second. the ruling made clear that membership of the European Convention on Human Rights (ECHR) was not the only international treaty relevant to its decision, which also took into account domestic human rights law. So why did the prime minister say it?

Here's the thing about political positioning, and I call it the Hopi Sen rule, imaginatively named after Hopi Sen, a former head of campaigns for the parliamentary Labour Party and blogger. This is important so if you are a young and ambitious Tory, listen up: there will always be someone to your right.

Come out against the European single currency and the next guy will call to leave the EU entirely. Get Brexit done and the woman down the road will demand Britain withdraw from the ECHR. The reverse happens in Labour, too.

This was most starkly demonstrated during the 2015 Labour leadership election. Former Blairite turned Brownite turned darling of the soft-left, Andy Burnham, had smartly positioned himself as the most left-wing candidate out of the top contenders, comprised of himself, Yvette Cooper and Liz Kendall. Consequently, he was favoured to win the contest. But of course, in Labour circles, there is always someone to your left. In this case, Jeremy Corbyn.

As a young and ambitious Conservative MP, Sunak was always going to back Brexit. By the mid-2010s, being a mere Eurosceptic (that is, tutting as the UK went along with ever-closer union) was no longer good enough. But look where he is now: examining at ways to "do whatever is necessary" to circumvent court rulings that make even Lord Sumption, no one's idea of a shrinking violet, blush.

One day, the prime minister is apparently tacking to the centre with the appointment of David Cameron. The next, he's flirting with 'the people versus the judges'. Neither strategy appears to be working.

In the comment pages, are Tory Right-wingers a busted flush? Sunak is about to find out, says Martha Gill. Rachael Johnson asks where all the powerful women have gone in the reshuffle? While Maddy Mussen declares Dominic West far too sexy to play King Charles.

And finally, Jimi Famurewa reviews the Devonshire in Soho: nothing beats a good pub — and this is as good as it gets.

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