£5bn UK overseas aid cuts cannot be challenged in court, say government lawyers
Cuts of £5bn to the UK overseas aid budget cannot be challenged in the courts, government lawyers have said, even though ministers have no plan to return spending to the legal commitment of 0.7 % of UK gross national income (GNI).
The assertion by Treasury solicitors that ministers are immune from legal challenge over aid cuts comes in preliminary exchanges with the aid advocacy group One Campaign. It is the first step in what could prove a highly embarrassing judicial review.
In the spring statement in March the chancellor, Rachel Reeves, said she was slashing aid from 0.5% to 0.3 % of GNI. The international development minister, Jenny Chapman, recently said in a Guardian interview that this level of spending was the new normal.
The 40% cut, due to be imposed by April 2027, is being billed as necessary to fund a new permanent increase in defence spending required by long-term changes to the security landscape.
The previous aid cut, from 0.7 % to 0.5 %, imposed by Dominic Raab, the then Conservative foreign secretary, was billed as temporary. It was accompanied by aspirational timetables for aid spending to return to 0.7%, the target set out in the 2015 International Development Act entrenching that figure as the government commitment on overseas aid.
One Campaign says that for ministers to comply with the law, they face a choice of either repealing the act, a vote that some Labour MPs will be reluctant to justify to their electorates, or to set out a credible pathway to return to the target.
The campaign said it is impossible for ministers to keep legislation on the statute book that places duties upon them they intend to defy.
In their legal defence – a written exchange on the legal merits between government and One Campaign prior to a potential judicial review – government lawyers claimed a section in the act shields ministers from all legal challenge.
They said the act's only mechanism for securing accountability is through a ministerial report to parliament. They pointed to a section of the act on the ministerial duty to report to parliament that states the reporting duty 'does not affect the lawfulness of anything done or omitted to be done by any person'.
The lawyers told One Campaign that 'this puts beyond doubt that parliament intended the courts would have no jurisdiction'.
This interpretation is being contested by the Liberal Democrat peer Jeremy Purvis, who helped draft the legislation and steered it through parliament.
He said ministers cannot hide behind the narrow section of the act on minister's reporting duty to claim it ousts the courts. He added: 'This government has not just missed the target but is changing it, and there is no scope to do this.
'The simple fact is the government is seeking to avoid a vote in parliament, avoid the courts and avoid all accountability for reneging on all requirements under the act.' He added the government had set out no pathway to return to 0.7 %.
One Campaign says the cuts are likely to be devastating. Its director, Adrian Lovett, said there was no evidence that ministers had met the requirement to undertake impact assessments of the cuts on poverty reduction and gender equality.
Ministers say they only have to make such an assessment when cuts to specific programmes are being made.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Daily Mail
an hour ago
- Daily Mail
Reform is on course to WIN next General Election, new poll shows - as Nigel Farage's party takes nine-point lead over Labour
Reform UK is now on course to win the next General Election, a shock new poll shows - as they take a stunning nine-point lead over Labour. The voting intention for Nigel Farage 's party's was more than double that of the Tories, who languished in third with 15 per cent, compared to Labour's 25 per cent and Reform's 34 per cent. An Ipsos opinion poll highlighted the rocketing success of the party and rising contempt for Keir Starmer and Rachel Reeves ' chaotic first year in power. Replicated in a General Election, the figures would give Reform an overwhelming 400 seats in the Commons - with a majority of 200, The Telegraph reports. Figures show that 54 per cent of Labour voters and 48 per cent of Tory voters have changed their support - with a high proportion of defectors from both going to Reform. Farage would become Prime Minister and there would be just 10 Conservative seats, while Labour would be reduced from 403 to 140. 'This poll shows Reform can and will win the next general election,' Farage told the broadsheet. Figures from the polling of 1,180 Brits show Labour's plunging popularity, after winning the 2024 General Election with the biggest majority since Tony Blair. But figures now show him to be the least popular prime minister at this stage of his time in office since records began. Just 19 per cent say they are satisified with the work he is doing - while 73 per cent are dissatisfied. In comparison, after the same amount of time Boris Johnson had an approval raiting of 48 per cent, Blair's was 68 per cent and John Major's was 54 per cent. The Conservatives' polling is also the worst since records began, with only 11 per cent of voters satisfied with Kemi Badenoch's work. Gideon Skinner, senior director of UK politics at Ipsos, told The Telegraph: 'Reform UK has continued to build on its success, helped by high levels of enthusiasm among its own support and among working-class voters in particular, and taking votes from both Labour and especially the Conservatives, who show little sign of recovery. 'The disappointment with Labour is clear, even among those who voted for the party in 2024.' It comes after the public swing of support tp Reform was dramatically shown in the local elections, scoring victory in a Runcorn by-election on the same night. In a night of jaw-dropping results, Reform UK claimed outright majorities in Staffordshire and Lincolnshire County Councils, toppling long-standing Conservative dominance.
The Sun
an hour ago
- The Sun
Major café chain with 473 locations in UK to shut busy branch just 3 years after it reopened with staff ‘left in tears'
A MAJOR café chain with 473 locations in the UK is due to shut a popular branch with staff 'left in tears'. Pret A Manger has announced its closing the store, just three years after it re-opened. 1 The Gallowtree Gate branch in Leicester City Centre, initially closed in 2020 due to "the effects of the pandemic". However, it made a shock return following an announcement two years later. It re-opened on July 25, 2022 at the same location. But rumours started swirling earlier this week that the popular chain was to shut for good once again. A source told Leicestershire Live that staff were told on Thursday and that there were "lots of tears". A spokesperson for Pret A Manger confirmed that they will be leaving Leister for a second time. They did not give a specific date for the closure but it is expected to be some time in July. They said: "It has been a pleasure serving our customers at Pret's Gallowtree Gate shop in Leicester. "Closing a shop is never a decision we take lightly, and our priority now is supporting our team members." Shoppers were recently stunned when another Pret A Manager branch suddenly closed with no warning in April. The store in Gunwharf Quays, Portsmouth, caught loyal customers by surprise and had been a well-loved part of the outlet centre for years. Another chain, Starbucks, which has over 1,000 UK venues also abruptly pulled the plug on one of its stores in Oxford last month. Pret opened its first shop in London in 1986 and the chain employs 12,500 staff in more than 700 locations across 21 countries. The Sun reported previously reported that Pret's owner, Luxembourg-based Jab Holding, was planning a stock market flotation and could consider selling a stake in the business first. JAB, which also owns Krispy Kreme doughnuts and Keurig Dr Pepper, has ambitions in the insurance and asset management industry and wants to reduce its reliance on the consumer sector. The chain came under fire from customers in April following sweeping changes to its Club Pret subscription. Once offering five free barista-made drinks a day for £30 a month, members now only receive 50 per cent off five drinks a day instead. By Laura McGuire, consumer reporter MANY Food and drink chains have been struggling in recently as the cost of living has led to fewer people spending on eating out. Businesses had been struggling to bounce back after the pandemic, only to be hit with soaring energy bills and inflation. Multiple chains have been affected, resulting in big-name brands like Wetherspoons and Frankie & Benny's closing branches. Some chains have not survived, Byron Burger fell into administration last year, with owners saying it would result in the loss of over 200 jobs. Pizza giant, Papa Johns is shutting down 43 of its stores soon. Tasty, the owner of Wildwood, said it will shut sites as part of major restructuring plans.
Daily Mail
an hour ago
- Daily Mail
Kate Garraway looks in good spirits as she dances with her pals at charity event amid financial woes after husband Derek Draper's death
Kate Garraway looked in good spirits as she enjoyed a night out with her pals amid her recent financial woes. The Good Morning Britain host, 58, attended a charity event for the ASA Foundation where she was joined by TV personality Lizzie Cundy and a few other friends. The group all posed for a 360 degree camera at the bash as they struck a series of playful poses. Kate looked radiant in a white long-sleeved midi dress with a polka dot print along with a pair of gold earrings. Lizzie also cut a glamorous figure in a yellow dress with a low cut neckline and styled her locks into an updo. The ASA Foundation is a registered charity that was set up to help the general public understand the cause of Autoimmune disease. It comes after Kate was frozen out of her bank accounts after changing her phone handset. The TV presenter reached out to Barclays bank on social media in a desperate plea for help on Tuesday. Kate told how she has been unable to access either her current or savings account since Friday and hasn't been able to speak to anyone in customer service. Taking to X, she wrote: '@Barclays please please get in touch with me - I have not been able to access any of my Barclays accounts current or savings since Friday due to changing my phone handset and can't get through to anyone on customer service - please dm me .' Kate's message didn't go unanswered this time and a customer service rep responded to her through the Barclays X account. They wrote: 'Could you please pop into our DM's with your full name, postcode, contact number, and we can take it from there together. 'I've popped a link on this message that will take you through to us in DM. If you do have any other questions then please do let me know as we are here 24/7 for you. Thank you!' It's the latest financial blow for Kate who has been dealing with debt following her husband Derek Draper's death. The presenter has openly discussed how she has been left with debts between £500,000 and £800,000 after caring for her late husband. Political lobbyist Derek died at the age of 56 in January 2024 following a four-year battle with long Covid, with Kate paying £16,000 a month on his care. Now, a new liquidator's report has revealed the large tax costs that are yet to be paid by Derek's now-defunct psychotherapeutic company Astra Aspera. The company, which was jointly controlled by Kate, went bust owing hundreds of thousands of pounds to creditors, including a large bill to HMRC. Filings on Companies House have revealed how Kate has been trying to pay off the debt, with HMRC now submitting a lower revised total in a small boost. Kate told how she has been unable to access either her current or savings account since Friday and hasn't been able to speak to anyone in customer service Kate's message didn't go unanswered this time and a customer service rep responded to her through the Barclays X account HMRC's latest preferential claim stands at £288,054, which is around a third of its previous 2023 submission of £716,822, according to the documents. It is not known why HMRC dropped the payment, and the filing has claimed there are also 'insufficient funds to pay a dividend to secondary preferential creditors'. According to The Sun, Kate has so far paid back £21,000. Addressing the filing, Kate's spokesperson told MailOnline the 'shocked' TV star 'doesn't recognise these figures' and is in contact with HMRC to make sure she 'honours what is required'. Their statement read: 'Kate has met all that the liquidators of Derek's company have asked for and more over the past four years. 'She doesn't recognise these figures and is shocked that it's being presented in this way by them. 'Caring for Derek and supporting her family when Derek could no longer run his own businesses has taken a huge financial toll on her but she's determined to put things right. 'She is in constant contact with HMRC to make sure she honours what's required from Derek's now defunct company.' Derek battled long Covid for four years before his death and Kate has openly discussed the devastating financial toll of funding his care during that period. When Derek wasn't in hospital, he had to be looked after 24/7 at home by his wife and a team of carers. Derek battled long Covid for four years before his death and Kate has openly discussed the devastating financial toll of funding his care during that period. When Derek wasn't in hospital, he had to be looked after 24/7 at home by his wife and a team of carers. In January, Kate explained how she has been left with 'excessive un-payable debt' as she spoke about dealing with the funding of his care. She shared: 'The family and I have been talking about the challenges we faced this time last year, one of the overriding ones, he went back into intensive care before he passed away was dealing with the funding of care. 'At the time of his death, there were two appeals that hadn't been heard for funding. It kept being pushed back and pushed back. 'In the meantime I'm lucky I have an incredible job which is well paid. I was having to fund the situation. 'Now I've got excessive un-payable debt because of it. If I'm in that position what else are people going to be?' In March 2024, the presenter revealed that she had been spending £16,000 a month on care for her late husband. She told Good Morning Britain: 'I am ashamed of the fact I'm in debt. I have an incredible job that I love, that's very well paid. 'I'm not a carer travelling miles, paying their own transport to go and help somebody for minimum wage. 'I'm somebody that is very well paid and so I just feel a shame that I couldn't make it work.'
