A fishy tale …

Photo by chuttersnap on Unsplash

Alexander Boris de Pfeffel Johnson (or just Boris if you’re one of his legions of adoring followers) has been caught out yet (again) when pontificating about the UK’s unbalanced relationship with the European Union (see my previous blog “Private prosecutions” published on 29 May 2019).

The man most likely to be the next British Prime Minister May have thought that it was very clever (and theatrical no doubt) to brandish a kipper during a final hustings event of Conservative Party members in his pitch to win the Party’s leadership campaign.

By using the kipper, Mr Johnson wanted to make a broader point about the apparent interference of the EU in Britain’s laws. Now, I often teach students about the supremacy of EU law in the UK by dint of the fact that the Westminster Parliament passed the European Communities Act 1972, but if Mr Johnson had been one of my students he would have failed his EU Law exam.

Why?

Firstly, the kipper originated from the Isle of Man – which although a British Crown dependency – isn’t technically part of the UK and, therefore, not part of the EU.

Secondly, the food safety rules which govern items like kippers (which are deemed to be preserved rather than fresh fish) fall within the legislative competence of the UK – not the EU. Although the Isle of Man is not part of the UK, the UK Food Standards Agency would regulate the product since it is being sold in this country.

It would seem that Mr Johnson was either unaware of these facts or simply chose to ignore them.

Then again, Mr Johnson has a long track record of EU bashing from his time as a Brussels based journalist with The Daily Telegraph, so it would seem that he is doing what, for a long time, has just come naturally to him.

On a serious point, however, interventions by individuals such as Mr Johnson make it very difficult for the public to have an informed debate about the UK’s relationship with the EU. This is a state of affairs that we may come to regret given the predictions by the UK Office of Budget Responsibility of the grim consequences if this country crashes out of the EU without a proper and effective withdrawal agreement.

A link to the story on the Sky News website can be found below:

http://news.sky.com/story/eu-exposes-johnsons-kipper-red-tape-claim-as-nonsense-11765805

Copyright Seán J Crossan, 19 July 2019

Published by

sjcrossan1

A legal blog by the author of Introductory Scots Law: Theory & Practice (3rd Edition: 2017; Hodder Gibson) Sean J. Crossan BA (Hons), LLB (Hons), MSc, TQFE I have been teaching law in Higher and Further Education for nearly 25 years. I also worked as an employment law consultant in a Glasgow law firm for over a decade. I am also a trade union representative and continue to make full use of my legal background. Please note that this Blog provides a general commentary about issues in Scots Law. It is not intended as a substitute for in-depth legal advice. If you have a specific legal problem, you should always consult with a qualified Scottish solicitor who will be able to provide you with the support that you require.

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