Comment by Defletter
17 hours ago
Except that his grievances are extremely surface level.
For example, he claims that legal experts, regardless of their political leanings, agree that the small-boats crisis cannot be solved without primary-legislative changes to the Human Rights Act. Does he mention how the HRA is obstructive? No. Does he mention even one change to the HRA that would help? No. Does he mention the scale of changes required? No.
What's funny is that I'd actually use his HRA example as an example of our constitutional safeguards working exactly as intended: it's for Parliament to decide what our human rights are and their extent, not the whims of ministers. That the Prime Minister and Parliament are refusing to make those changes because they find them to be politically untenable is actually how a democratic system ought to work.
In fact, I'd summarise his testimony as him being irritated at constitutional safeguards working as intended. For example, he claimed that the biggest enemy to British Special Forces is not Russia, China, or Iran but the Cabinet Office and Ministry of Defence lawyers. Oh no, our ministries are operating within the law! How terrible! He seems to advocate for ministers and ministries to instead adopt an 'ask for forgiveness, not permission' mindset with regards to the law, particularly given his testimony on how things were done during the chaos of the pandemic:
> That led to some very big decisions inside No. 10 where, essentially, I said on behalf of the PM, for example, "Call the airlines. Commandeer the planes. Fly the planes to China. Pick up all our PPE. Fly back here. We don't care if the officials all say it's unlawful. If we don't get all this PPE back, God knows how many doctors and nurses are going to die as a consequence. Do it, and, if there's a judicial review that says it's all illegal, whatever, the PM will deal with that down the line".
Cummings and people like him seem to think of officialdom as being something like a non-Newtonian fluid.
Trouble is, he thinks they're thixotropic - give 'em a big whack to get them moving faster - when they're actually by design closer to being rheopectic, absorbing sudden stresses to protect the nation.
So when faced with the multiple sudden gyrations in policy that we saw under the final five years of the last government, they of course acted as a dampener. That's what they're there for, that's why they're so valuable. But if you don't shock them and instead apply constant pressure in a consistent direction, they'll move smoothly, efficiently, and effectively.
For a good example of that, see Francis Maude's term in the Cabinet Office in the first half of the 2010s which changed the civil service very much for the better and was responsible for, amongst others, GDS, the Government Security Group, and a lot of open government initiatives.