“Buy Brexit”? Using “cultural fit” as evaluation criteria breaches EU and UK public procurement law

Dr Albert Sanchez Graells, Senior Lecturer in Law, University of Bristol Law School

On March 1, 2017, The Guardian  reported that the UK’s Department for International Trade had tendered contracts where they expected that tech companies should have the right ‘cultural fit’ if they wanted to be hired. This was interpreted in the news report as a clear mechanism whereby “Firms bidding for government contracts [were] asked if they back Brexit“. It is indeed a worrying requirement due to the clear risk of unfettered discretion and ensuing discrimination that such ‘cultural fit’ requirement creates. In my opinion, the requirement runs contrary to both EU and UK public procurement rules (and this was later echoed by the follow-up coverage story by The Guardian as well: “Trade department may have broken EU rules with ‘pro-Brexit’ contract criteria”).

In this post, I develop the reasons for the assessment that such a ‘Buy Brexit’ requirement is illegal (which I previously published in my personal blog and the specialised EU Law Analysis blog). I will try to keep this post as jargon free as possible and limit the technical details of my legal assessment as much as possible. However, this is a rather technical area of economic law, so some technicalities will be unavoidable. Continue reading

Sharing stories of migration and belonging

Dr Devyani Prabhat, Lecturer in Law, School of Law

Dr Devyani Prabhat, Lecturer in Law, School of Law

Last month I led an ESRC Funded Thinking Futures Event on Migration and Belonging at the St Werburgh’s Community Centre, Bristol. The event was attended by twenty-six people who had experience of applying for British citizenship or had personal stories to share about migration. Storytelling gives a direct voice to research participants and this was the theme of the event. Artist Sam Church who is a graphic artist simultaneously sketched the stories which were being shared. Continue reading

Culture in the banking regulators: the need for challenge

Dr Holly Powley, Lecturer in Law, University of Bristol Law School

Dr Holly Powley, Lecturer in Law, University of Bristol Law School

In the aftermath of the financial crisis, a debate has been raging about the culture of financial services institutions – both in terms of how individuals working with financial institutions conduct themselves, but also on attitudes towards risk-taking within these institutions.

Given that banks are now considered to provide consumers with a service that is essential to the operation of the modern economy, this is an important debate. However, those tasked with regulating and supervising the banking sector haven’t escaped this scrutiny either.

If the UK is to avoid a future financial crisis of the magnitude experienced between 2007 and 2009, there also needs to be a culture change within the institutions tasked with overseeing the UK’s financial services sector.

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Miller: Why the Government should argue that Article 50 is reversible

Dr Phil Syrpis, Reader in Law, University of Bristol

Professor Phil Syrpis, Professor of EU Law, University of Bristol

Last week’s judgement in the High Court is a ringing endorsement of the sovereignty of Parliament. It asserts that ‘Parliament can, by enactment of primary legislation, change the law of the land in any way it chooses’ (at [20]).

It explains why the ‘subordination of the Crown (i.e. executive government) to law is the foundation of the rule of law in the United Kingdom’ (at [26]), including references to the bedrock of the UK’s Constitution, the Glorious Revolution, the Bill of Rights, and constitutional jurist AV Dicey’s An Introduction to the Law of the Constitution.

The Crown has broad powers on the international plane, for example to make and unmake treaties, but as a matter of English law, these powers reach their limits where domestic law rights are affected. EU law, by virtue of the European Communities Act 1972 (described again as a constitutional statute), does indeed have direct effect in domestic law. As a result of the fact that the decision to withdraw from the European Union would have a direct bearing on various

The Royal Courts of Justice in London, home of the Senior Courts of England and Wales. Credit- Anthony M. from Rome, Italy - Flickr

The Royal Courts of Justice in London, home of the Senior Courts of England and Wales. Credit- Anthony M. from Rome, Italy – Flickr

categories of rights outlined in the judgement (at [57]-[61]), the Crown cannot, without the approval of Parliament, give notice under Article 50.  Continue reading

Donald Trump, the 2016 Election, and Historical Comparisons

Dr Julio Decker, Lecturer in North American History, University of Bristol

Dr Julio Decker, Lecturer in North American History, University of Bristol

In every American election cycle, superlatives abound. In 2016, they have been predominantly negative: the election is characterised as the worst or most depressing ever, but some have emphasised that the nation has recovered before after divisive campaigns. As a historian, I am acquainted with explaining the present through the past: we evaluate similarities, continuities and changes to explain the state of today’s world. But what can we actually learn from the past regarding the 2016 election?

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The Bristol City Office – what’s it all about?

Tessa Coombes - PhD student in Social Policy, University of Bristol

Tessa Coombes – PhD student in Social Policy, University of Bristol

Last Thursday saw the launch of the Bristol City Office, an idea that has been six years in the making. It’s an idea that seeks to address some of the challenges faced by the public sector, with ever decreasing budgets and reducing powers. It’s about partnership and collaborative governance, bringing organisations, individuals and budgets together to tackle the issues that we have failed to tackle before, where collaboration and joint working are essential, alongside the willingness to be creative and innovative. But why will this approach work when other attempts have failed and how is this different?

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The UK Diet and Diabetes Questionnaire: A new tool for assessing dietary habits

clare_england

Dr Clare England, Senior Research Associate and Specialist Diabetes Dietitian, in the Centre for Exercise, Nutrition and Health Sciences and the NIHR Biomedical Research Unit in Nutrition, Diet and Lifestyle.

Dr Clare England discusses the challenges of providing individualised dietary advice for people with Type 2 diabetes and introduces a new, validated assessment tool, the UKDDQ, that may offer a solution.

Diabetes UK estimates that over 3 million people in the UK are living with Type 2 diabetes, and a further 5 million are at high risk. Complications (for example, increased cardiovascular disease, kidney failure, blindness, foot ulcers and amputations) caused by poorly controlled Type 2 diabetes, costs the NHS an estimated at £7.0 billion.

There is an increasing choice of medication available for Type 2 diabetes which can help to reduce blood glucose, cholesterol and blood pressure, but a healthy diet, regular physical activity and good weight management underpin successful control.

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Putting Britain First: The Sino-UK ‘Golden Era’ with Theresa May Characteristics

Dr Winnie King, Teaching Fellow, School of Sociology, Politics and International Studies

Dr Winnie King, Teaching Fellow, School of Sociology, Politics and International Studies, University of Bristol

“The golden era of British-Chinese relations will continue,” Prime Minister Theresa May stated September 2nd on her way to the G20 in Hangzhou, China. Will it however, be the 24 carat of the days of Cameron and Osborne? Or have delays linked to Hinkley Point irrevocably tarnished the gleam of relations?

If President Xi Jinping’s statement during the G20 Summit is any indication, he is willing to ‘show patience,’ giving Mrs. May time to frame and launch her vision of British foreign policy and economic relations.

As one who seems to keeps her cards close to her chest, the question is what shape will this come in?

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‘Raining Women’ & Feminising Politics

Sarah Childs, Professor of Politics and Gender

Sarah Childs, Professor of Politics and Gender, School of Sociology, Politics and International Studies, University of Bristol

At home: In Westminster, Theresa May – the UK’s second woman Prime Minister – and in Holyrood, Nicola Sturgeon – Scotland’s first woman First Minister – opposed by the Tories’ Ruth Davidson, and Labour’s Kezia Dugdale.

Abroad: Angela Merkel, of course, and maybe soon President, Hilary Clinton.

The media seemingly don’t quite know what to do with ‘all’ these women in politics. Gender and politics scholars are finding themselves in great demand. There are, predictably, numerous articles in the newspapers about what the women are wearing, and how they do their hair.

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Why we need to teach political philosophy in schools

Dr Jonathan Floyd, Lecturer in Political Theory, SPAIS, University of Bristol

Dr Jonathan Floyd, Lecturer in Political Theory, SPAIS, University of Bristol

What is the spectre haunting Europe today? It’s simple. The thing that truly dogs us, that really drags at our heels, is ignorance. Ignorance of the fundamental ideas at the heart of politics. Ignorance of the key terms of political argument: liberty, equality, power, justice, and so on. Ignorance of the subject matter of political philosophy.

This ignorance is a spectre precisely because it is invisible to us. You might, for example, not know how a microwave works. But you know you do not know that. Now imagine there are purple aliens growing yellow mushrooms on the other side of the moon. In this case you are unaware that you unaware of them.

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