Mandelson’s Vetting in Wonderland, and Victory for the Assisted Dying Filibuster

Mandelson’s Vetting in Wonderland, and Victory for the Assisted Dying Filibuster

With numerous former senior civil servants attacking Keir Starmer for his decision to sack Sir Olly Robbins – former Cabinet Secretary Lord Gus O'Donnell says the sacking “risks having a serious and sustained chilling effect on serving and prospective civil servants” - Ken Macdonald KC and Tim Owen KC examine the claim by those defending Robbins that he was forbidden by law from disclosing to Starmer even the bare outcome of Mandelson’s developed vetting process by UK Security Vetting. Does - as previous FCDO Perm Sec Lord Simon McDonald has said - the Constitutional Reform and Governance Act 2010 and the terms of the Civil Service Code have the legal consequence that any disclosure to Ministers, including the Prime Minister, of any aspect of the developed vetting process is contrary to law? Or is this just an example of the Mandarin class being addicted to secrecy and control to the point that deprives Ministers of obviously relevant material for no clear legal reason? Following on from last week’s episode with Kathleen Stock on the Assisted Dying Bill, Ken and Tim reflect on the briefing paper drafted by Humanists UK and My Death, My Decision which sets out the blatant efforts of 7 Peers to talk the Bill out in the Lords in full knowledge that were the House of Lords to be allowed to vote on it, the Bill would be passed - https://humanists.uk/2026/04/20/lords-assisted-dying-debate-transcript-is-longer-than-war-and-peace-filibuster-clear-and-obvious/#:~:text=Humanists%20UK%20and%20My%20Death%2C%20My%20Decision,the%20filibuster%2C%20and%20the%20final%20debate%20will. Finally, Ken and Tim discuss the legitimacy and future of private prosecutions in the wake of a scathing judgment issued last week by Senior District Judge Goldspring at Westminster Magistrates' Court in response to an attempt by the International Centre of Justice for Palestinians to issue a summons alleging a breach of the Foreign Enlistment Act 1870 against a dual British-Israel citizen who had re-enlisted in the Israel Defense Force in October 2023 - https://www.scribd.com/document/1028546698/ICJP-v-A-judgment?utm_source=substack&utm_medium=email -- Covering the critical intersections of politics and law in the UK with expert commentary on high-profile legal cases, political controversies, prisons and sentencing, human rights law, current political events and the shifting landscape of justice and democracy. With in-depth discussions and influential guests, Double Jeopardy is the podcast that uncovers the forces shaping Britain's legal and political future.  ​ ​ What happens when politics and law collide? How do politics shape the law - and when does the law push back? What happens when judicial independence is tested, human rights come under attack, or freedom of expression is challenged? And who really holds power in Britain's legal and political system?  Get answers to questions like these weekly on Wednesdays.  ​ ​ Double Jeopardy is presented by Ken Macdonald KC, former Director of Public Prosecutions, and Tim Owen KC, as they break down the legal and political issues in Britain. From high-profile legal cases to the evolving state of British democracy, Double Jeopardy offers expert legal commentary on the most pressing topics in UK law, politics, and human rights.  ​ ​ Ken Macdonald KC served as Director of Public Prosecutions from 2003-2008, shaping modern prosecutorial policy and advocating for the rule of law. He is a former Warden of Wadham College, Oxford, a crossbench member of the House of Lords, and a leading writer, commentator and broadcaster on politics and the rule of law. ​ Tim Owen KC has been involved in many of the most significant public, criminal and human rights law cases over the past four decades.  Both bring unparalleled experience from the frontline of Britain's legal and political landscape. ​ If you like The Rest Is Politics, Talking Politics, Law Pod UK and Today in Focus, you'll love Double Jeopardy.​ Learn more about your ad choices. Visit megaphone.fm/adchoices

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Episoder(165)

James Orr: The Politics of Weirdness. Plus the Demise of Assisted Dying, Never Ending Public Inquiries, and Hermer’s Legacy Undone

James Orr: The Politics of Weirdness. Plus the Demise of Assisted Dying, Never Ending Public Inquiries, and Hermer’s Legacy Undone

In the wake of the Metropolitan Police’s announcement that it’s Special Enquiry Team has expanded its criminal investigation into donations made to Reform UK by Fiona Cottrell, the mother of “Posh” Ge...

16 Sep 48min

Inside the Reform UK Undercover Investigation: First Interview with Verbatim’s Legal Advisor

Inside the Reform UK Undercover Investigation: First Interview with Verbatim’s Legal Advisor

Is the Verbatim Investigations/C4 film which shows senior (now ex) Reform UK officials apparently engaged in procuring illegal foreign donations to the Party a “hoax”, as Nigel Farage and Robert Jenri...

9 Sep 41min

The Prisoner Release Scheme: Lurching From One Crisis to Another? Plus The Fatal Immorality of Mark Zuckerberg.

The Prisoner Release Scheme: Lurching From One Crisis to Another? Plus The Fatal Immorality of Mark Zuckerberg.

The failure of successive Conservative governments to build sufficient prison capacity to accommodate the growing prison population handed Labour a criminal justice crisis which demanded urgent action...

2 Sep 40min

Re-Release | David Gauke: Solving the UK Prison Crisis

Re-Release | David Gauke: Solving the UK Prison Crisis

With co-hosts Ken Macdonald KC and Tim Owen KC travelling in widely separated time zones, it’s proved impossible to record the weekly episode as normal. But rather than skip an episode altogether we t...

26 Aug 44min

Listeners’ Postbag: Releasing PC Harper’s Killers, New Ministers, and the French Way of Dying

Listeners’ Postbag: Releasing PC Harper’s Killers, New Ministers, and the French Way of Dying

Andy Burnham’s decision to pause the emergency early release scheme in order to ensure that the killers of PC Andrew Harper do not benefit from it, is an act of political desperation given the data sh...

19 Aug 35min

Making Sense of Murder: The Law Commission Proposes Radical Reforms to UK Homicide Law

Making Sense of Murder: The Law Commission Proposes Radical Reforms to UK Homicide Law

The Law Commission for England and Wales is currently consulting on reform of the antiquated common law of homicide (murder and manslaughter) with a view to addressing long-standing criticisms that th...

12 Aug 36min

Andy Burnham, Law and UK Justice: What’s in Store?

Andy Burnham, Law and UK Justice: What’s in Store?

The Burnham purge of the Cabinet has resulted in radical personnel changes in the Ministry of Justice and among the Law Officers, with the departures of David Lammy, Lord Hermer KC, Baroness Levitt KC...

29 Jul 40min

Losing Control of AI Under Trump: Will the EU Fight Back?  Plus the Court of Appeal Turns on the Attorney General

Losing Control of AI Under Trump: Will the EU Fight Back? Plus the Court of Appeal Turns on the Attorney General

In this episode of Double Jeopardy, the 12th June decision of the Trump administration to issue an export control directive forcing AI giant Anthropic to suspend access to its new AI tool Fable 5 "by ...

22 Jul 47min

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