27th September 2021
Once upon a time it would be sensational news that the army was to be called in and that laws were to be suspended.
It would indicate, perhaps, something about either a failed state or an unforeseen emergency, or both.
As it is, the news seems almost commonplace – and that it would be more exceptional nowadays for the news to be less sensational.
The laws that are to be suspended are competition laws – which (we are told) would otherwise prevent petrol companies from coordinating with each other.
Government to suspend competition law to get petrol to forecourtshttps://t.co/bvWNjwXR4D
— BBC Politics (@BBCPolitics) September 26, 2021
I am not an energy law specialist – though I know a little about competition law – and it would be interesting to know exactly how current competition laws would prevent coordination in the current situation.
This law-suspension exercise has the grand name of ‘activating the Downstream Oil Protocol’.
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‘Dispatch War Rocket Ajax.’
Flash Gordon screenplay, 1980
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Tonight I activated the Downstream Oil Protocol which temporarily exempts the fuel industry from competition laws so we can optimise supply
It’ll now be easier for companies to share information and prioritise the delivery of fuel to areas most in needhttps://t.co/w3zV4CGpLC
— Kwasi Kwarteng (@KwasiKwarteng) September 26, 2021
And the official statement is here, and it includes this:
‘Known as The Downstream Oil Protocol, this step will allow Government to work constructively with fuel producers, suppliers, hauliers and retailers to ensure that disruption is minimised as far as possible.
‘The measure will make it easier for industry to share information, so that they can more easily prioritise the delivery of fuel to the parts of the country and strategic locations that are most in need.’
As competition law in this respect is about preventing what would otherwise be cartel behaviour, then it would appear that the fuel industry want to (or need to) do something between themselves that would otherwise carry potential legal risk as cartel behaviour.
Perhaps more will be come clear on this as the protocol is activated, though it seems such relaxations of competition law have been done before in other recent emergencies:
This ⬇️ likely to be via a Statutory Instrument (SI) under 1998 Competition Act. During #Covid gov has already made such SIs – temporarily – for firms in indep healthcare, dairy & groceries (twice). They are 'made negative' SIs: don't need Parl to OK them or be sitting #SIWatch https://t.co/RcONvBn6y3
— Brigid Fowler (@Brigid_Fowler) September 26, 2021
If this is what is being done, we should note that the relaxations – or suspensions -of law do not have any real parliamentary oversight or control.
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And now the army.
(Source)
But as this news report explains:
“It is understood that it would take up to three weeks to fully implement, because some of those mobilised may already be on other deployments and others could be reservists.’
And so, by the time the army arrives, it may be too late – and it certainly is not something that is intended to happen in the next few days.
This manoeuvre is known, it seems as activating ‘Operation Escalin’.
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‘Dispatch War Rocket Ajax.’
Flash Gordon screenplay, 1980
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Just as constitutional law should be dull and it is not a good sign when constitutional law is exciting, the same can be said for the law of civil contingencies.
It is not normal for laws to be suspended and for the army to be used for civil matters – and it should never become normal.
But.
The various problems facing the United Kingdom mean that what are civil contingencies are becoming civil necessities.
Brace brace.
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