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Sir Keir Starmer’s government has not yet been in place for 100 days. By all accounts, things are not going well.

The Labour leader and his top ministers have had to backtrack after taking freebies totalling many thousands of pounds for clothing and entertainment. Sue Gray, the ex-civil servant he recruited as chief of staff, has accepted a salary larger than the prime minister while standing accused of cutting the pay of more junior special advisers coming into government.

The biggest announcement the government has made yet – cutting winter fuel payments for most pensioners – was poorly presented, coinciding with big pay rises for public sector trade unionists and leading to a rebellion by Labour MPs. So far, eight of them have either been suspended or resigned the whip. Labour is dropping in opinion polls. Meanwhile, the prime minister often seems defensive and belligerent when interviewed and at a loose end at important gatherings.

It is still early days. None of these teething troubles directly threaten a government that commands an overwhelming majority in the House of Commons. But there is universal agreement ranging from Sir Keir’s friends to his political foes that he needs to get a grip on running the country, starting with appointing the best people as his senior advisers and officials.

The historian Sir Anthony Seldon, the author of a series of books on prime ministers in 10 Downing Street, warns “Starmer needs to act quickly. He has been naive and complacent on staff appointments. Get it right now and he can fly.”

Cabinet Secretary Simon Case arrives to give evidence to the UK Covid-19 Inquiry.
Pic: PA
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Cabinet Secretary Sir Simon Case will step down by the end of the year as he has been suffering from a neurological condition. Pic: PA

This week a major opportunity presented itself. The cabinet secretary, Sir Simon Case, at last announced he will step down at the end of this year. The man or woman who fills his shoes will be vital in properly establishing and relaunching the way the UK is ruled by the new government.

According to the official advert: “The cabinet secretary and head of the civil service is the most senior civil servant in the UK and the principal official adviser to the prime minister and Cabinet.”

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The salary is £200,000 a year, also more than the prime minister, plus a hefty 28.7% pension contribution. Applicants have until 11.55pm on 20 October to get in their CV, a 1000-word statement, a diversity questionnaire and a declaration of interests.

Sir Simon’s departure had been long expected. Some blame the prime minister for not forcing the vacancy sooner. Cabinet secretary is the most important of an unprecedented number of unfilled posts among Starmer’s top advisers, also including principal private secretary (PPS), his personal civil service aide, and national security adviser. Without them, few are surprised he has not got on top of being prime minister.

Sir Simon has been absent for long periods due to a serious neurological illness. In truth, he never really settled in as the respected boss of some half a million civil servants. Still only 45, he was much younger than most cabinet secretaries when installed in 2020 by the chaotic Boris Johnson government after Mark Sedwill was unceremoniously pushed aside. Sir Simon came from being private secretary to Prince William. He had also been PPS to Theresa May.

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‘Donations not given out of altruism’

Rightly or wrongly, senior Labour figures felt he struggled to serve the new government. An unproven suspicion lingers on the Labour side that he may have been behind leaks damaging to Sue Gray.

The successful working of the UK’s constitutional machinery depends on an impartial cabinet secretary. His main job (so far they have all been men) is to ensure the civil service delivers the government’s programme effectively.

The cabinet secretary must also advise the prime minister whether their plans make sense, are acceptable and conform to expected ethical standards. In the perceptive TV comedy series Yes Prime Minister the catchphrase of cabinet secretary Sir Humphrey Appleby was: “Is that wise, prime minister?”

By the time they get the top job, most cabinet secretaries have worked for governments and ministers across the political spectrum. Sir Gus O’Donnell was a close adviser to John Major, Tony Blair and Gordon Brown. In 2010 he oversaw the transition to what became the Conservative/Liberal Democrat coalition between David Cameron and Nick Clegg.

When Lord O’Donnell’s successor Sir Jeremy Heywood died prematurely of cancer in 2018 Blair, Brown, Cameron, Clegg and Theresa May led the official mourners. Sir Jeremy’s advice was hung on by successive prime ministers. If anything, he was too helpful and got too close. He and David Cameron were both keen to involve the disgraced former businessman Lex Greensill with government business.

Former chief Brexit negotiator Olly Robbins is Sue Gray's top pick for cabinet secretary. Pic: Reuters
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Former chief Brexit negotiator Olly Robbins is Sue Gray’s top pick for cabinet secretary. Pic: Reuters

Past history and present tensions suggest that it would be a mistake to appoint Olly Robbins as the cabinet secretary. He is widely seen as Sue Gray’s preferred candidate. Downing Street might benefit from some creative tension. Besides, Robbins’ experience, including as a Brexit negotiator, is better suited to national security adviser.

Sir Keir has inherited a mess created by Rishi Sunak. In the dying days of the last government, Mr Sunak attempted to promote his national security council adviser, Tim Barrow, to US ambassador and to replace him with General Gwyn Jenkins. The Labour opposition cried foul successfully. As a result, both jobs and the people involved with them are now up in the air. A decision on the new Washington ambassador is due after the American election in November.

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Prime ministers who appoint friends and cronies exclusively as their key advisers tend to come a cropper, as the five recent Conservative leaders found out eventually. Far better to bring in someone of proven administrative expertise as cabinet secretary.

As usual, there are some highly rated senior male civil servants, with experience heading government departments, who could fill the role, led by Jeremy Pocklington, permanent secretary, or “perm sec”, at DESNZ, the energy department, and Sir Peter Schofield, department for work and pensions’ perm sec.

The new government has made much of having the first female chancellor of the exchequer. If Sir Keir fancies appointing the first woman cabinet secretary there is a rich and colourful field to choose from.

Sarah Healey, perm sec at DHCLG (communities) and formerly the culture department, is widely respected, as is Tamara Finkelstein at DEFRA. In Lady Finkelstein’s case, some in Labour might balk at handing the top job to the wife of Danny Finkelstein, the prominent Conservative peer and Times newspaper columnist.

Dame Antonia Romeo, currently in charge of the Ministry of Justice, has held a number of senior civil service jobs. During Liz Truss’s short-lived tenure, she was briefly appointed Treasury perm sec. Her earlier, high profile, high fashion, approach to being UK consul general in New York brought her into conflict with the British embassy in Washington DC.

Sharon White took over as partnership chairman from Sir Charlie Mayfield on Tuesday. Pic: JLP
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Former John Lewis and Ofcom head Sharon White has ruled herself out by being on the selection panel. Pic: JLP

Former female civil servants who might want to return to government include Dame Melanie Dawes, currently cautiously low profile at the media regulator Ofcom, and Baroness Minouche Shafik, former perm sec at the department for international development and deputy governor of the Bank of England. She has just finished as president of Columbia University in New York City. Then there is Helen McNamara, who had a bruising time as deputy cabinet secretary during the COVID pandemic.

It is not yet known who of those above will put their names forward. One of the most widely tipped names is not applying. Sharon White, of John Lewis, Ofcom and the Treasury, could have been the first woman and the first black person to be cabinet secretary. She has decided to sit on the selection panel instead, alongside Gus O’Donnell.

The final choice of the next cabinet secretary will be made by the prime minister. The pressure is on Sir Keir to think out of his comfort zone if he is to be guided from the missteps of the first 100 days into four years of competent and ethical government.

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Crypto trader ups MEXC ‘bounty’ to $2.5M after in-person KYC request

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Crypto trader ups MEXC ‘bounty’ to .5M after in-person KYC request

Crypto trader ups MEXC ‘bounty’ to .5M after in-person KYC request

The “White Whale” increased his social media pressure campaign to $2.5 million after claiming that MEXC requested an in-person KYC verification in Malaysia.

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US appeals time served sentences for HashFlare Ponzi schemers

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US appeals time served sentences for HashFlare Ponzi schemers

US appeals time served sentences for HashFlare Ponzi schemers

Prosecutors appealed the sentences given to HashFlare founders Sergei Potapenko and Ivan Turõgin, after arguing the pair should get 10 years in prison.

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Nigel Farage has a new ‘leave’ campaign – here’s how it could work and how it might impact you

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Nigel Farage has a new 'leave' campaign - here's how it could work and how it might impact you

Nigel Farage has said he would take the UK out of the European Convention on Human Rights (ECHR) if Reform win the next election.

The party’s leader also reaffirmed his pledge to repeal the Human Rights Act and disapply three other international treaties acting as “roadblocks” to deporting anyone entering the UK illegally.

In a speech about tackling illegal migration, he said a Reform government would detain and deport any migrants arriving illegally, including women and children, and they would “never, ever be allowed to stay”.

Sky News looks at what the ECHR is, how the UK could leave, and what could happen to human rights protections if it does.

What is the ECHR?

On 4 November 1950, the 12 member states of the newly formed Council of Europe (different to the EU) signed the Convention for the Protection of Human Rights and Fundamental Freedoms – otherwise known as the ECHR.

It came into force on 3 September 1953 and has since been signed by an additional 34 Council of Europe members who have joined, bringing the total to 46 signatories.

The treaty was drafted in the aftermath of the Second World War and the Holocaust to protect people from the most serious human rights violations. It was also in response to the growth of Stalinism in central and Eastern Europe to protect members from communist subversion.

The treaty was the first time fundamental human rights were guaranteed in law.

Sir Winston Churchill helped establish the Council of Europe and was a driving force behind the ECHR, which came from the Charter of Human Rights that he championed and was drafted by British lawyers.

Sir Winston Churchill was a driving force behind the ECHR
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Sir Winston Churchill was a driving force behind the ECHR

To be a signatory of the ECHR, a state has to be a member of the Council of Europe – and they must “respect pluralist democracy, the rule of law and human rights”.

There are 18 sections, including the most well-known: Article 1 (the right to life), Article 3 (prohibition of torture), Article 6 (right to a fair trial), Article 8 (right to private and family life) and Article 10 (right to freedom of expression).

The ECHR has been used to halt the deportation of migrants in 13 out of 29 UK cases since 1980.

ECHR protections are enforced in the UK through the Human Rights Act 1998, which incorporates most ECHR rights into domestic law. This means individuals can bring cases to UK courts to argue their ECHR rights have been violated, instead of having to take their case to the European Court of Human Rights.

Article 8 is the main section that has been used to stop illegal migrant deportations, but Article 3 has also been successfully used.

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The ECHR is interpreted by judges at this court in Strasbourg, France. File pic: AP
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The ECHR is interpreted by judges at this court in Strasbourg, France. File pic: AP

How is it actually used?

The ECHR is interpreted by the European Court of Human Rights (ECtHR) – you’ll have to bear with us on the confusingly similar acronyms.

The convention is interpreted under the “living instrument doctrine”, meaning it must be considered in the light of present-day conditions.

The number of full-time judges corresponds to the number of ECHR signatories, so there are currently 46 – each nominated by their state for a non-renewable nine-year term. But they are prohibited from having any institutional ties with the state they come from.

An individual, group of individuals, or one or more of the signatory states can lodge an application alleging one of the signatory states has breached their human rights. Anyone who have exhausted their human rights case in UK courts can apply to the ECtHR to have their case heard in Strasbourg.

All ECtHR hearings must be heard in public, unless there are exceptional circumstances to be heard in private, which happens most of the time following written pleadings.

The court may award damages, typically no more than £1,000 plus legal costs, but it lacks enforcement powers, so some states have ignored verdicts and continued practices judged to be human rights violations.

Read more: Asylum seekers in charts and numbers

Inside the European Court of Human Rights. File pic: AP
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Inside the European Court of Human Rights. File pic: AP

How could the UK leave?

A country can leave the convention by formally denouncing it, but it would likely have to also leave the Council of Europe as the two are dependent on each other.

At the international level, a state must formally notify the Council of Europe of its intention to withdraw with six months’ notice, when the UK would still have to implement any ECtHR rulings and abide by ECHR laws.

The UK government would have to seek parliament’s approval before notifying the ECtHR, and would have to repeal the Human Rights Act 1998 – which would also require parliamentary approval.

Would the UK leaving breach any other agreements?

Leaving the ECHR would breach the 1998 Good Friday Agreement, a deal between the British and Irish governments on how Northern Ireland should be governed, which could threaten the peace settlement.

It would also put the UK’s relationship with the EU under pressure as the Brexit deal commits both to the ECHR.

The EU has said if the UK leaves the ECHR it would terminate part of the agreement, halting the extradition of criminal suspects from the EU to face trial in the UK.

Keir Starmer has previously ruled out taking Britain out of the ECHR
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Keir Starmer has previously ruled out taking Britain out of the ECHR

How would the UK’s human rights protections change?

Certain rights under the ECHR are also recognised in British common law, but the ECHR has a more extensive protection of human rights.

For example, it was the ECHR that offered redress to victims of the Hillsborough disaster and the victims of “black cab rapist” John Worboys after state investigations failed.

Before cases were taken to the ECtHR and the Human Rights Act came into force, the common law did not prevent teachers from hitting children or protect gay people from being banned from serving in the armed forces.

Repealing the ECHR would also mean people in the UK would no longer be able to take their case to the ECtHR if the UK courts do not remedy a violation of their rights.

The UK’s human rights record would then not be subject to the same scrutiny as it is under the ECHR, where states review each other’s actions.

Two victims of John Worboys sued the Met Police for failing to effectively investigate his crimes using Article 3 of the ECHR. Pic: PA
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Two victims of John Worboys sued the Met Police for failing to effectively investigate his crimes using Article 3 of the ECHR. Pic: PA

How human rights in the UK would be impacted depends partly on what would replace the Human Rights Act.

Mr Farage has said he would introduce a British Bill of Rights, which would apply only to UK citizens and lawful British citizens.

He has said it would not mention “human rights” but would include “the freedom to do everything, unless there’s a law that says you can’t” – which is how common law works.

Legal commentator Joshua Rozenberg said this would simply confirm the rights to which people are already entitled, but would also remove rights enjoyed by people visiting the UK.

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