Wednesday, 16 November 2016

State of play #Brexit - what the judge lady let slip.

If this judges view is correct, then brexit may be delayed indefinitely unless we replace our MP's and government with one that is committed to brexit. Simply replacing MP's in not enough - this Conservative government under David Cameron and Theresa May are as much barriers to Brexit as the Liberal Democrats are - just more sneaky and underhand about it.

I get so fed up with the drip, drip from the media - giving half a story to support their headline but making no attempt to genuinely inform.

Anyway that is why I launched RadioFreeUK (RadioFreeUK.org) - to provide an alternative media channel for UK libertarians... or at least UK bods who aren't raving progressive (read: regressive) Social Justice Warriors. But enough of that on with the show (or blog...).

Under Theresa May Brexit has stalled because the EU Referendum Bill was very badly written for those who support brexit. As far as I can see this was a deliberate act of sabotage by David Cameron and his Conservatives to act as a safety back stop in case they lost the referendum - which they did. It is unfortunate that those we would expect to cover this didn't pick up on it... But now we are where we are.

The Government have been challenged in court over whether they can invoke Article 50 of the Lisbon Treaty and so give notice that the UK is leaving the EU.

In the first court three judged unanimously ruled that the Government cannot invoke Article 50, and that it must be explicitly agreed by the whole of Parliament (all our MP's), despite us having already directly said that we want it done.

An appeal is going directly to the Supreme Court (skipping the court of appeal as it is such an important case, it is going directly to the organ grinders) where the case will be heard by a dozen judges.

Despite earlier claims of 'confidence' in its own case, the government now appears to be less confident and if flapping around looking for other ways of appearing to support the invoking of Article 50.

As it happens I wrote to my MP (a front bench government bod) calling for a one line bill saying 'this house supports the government implementing the will of the people and invoking Article 50 at the earliest convenient opportunity' or similar, it would be a brave MP who voted this down... My MP suggested such a bill was unnecessary, we shall see...

The headline that prompted this blog post was regarding one of the dozen judges that will hear the appeal in the Supreme Court making comments on the case in a speech to students abroad.

Her comments are being drip fed to us by the media.Initially it looked like she only mentioned it in passing, but later drips show she went into some detail (I want a full transcript!).

The big issue she raised was that as only parliament can make and repeal UK domestic law. And while treaties don't usually impact domestic law, so can be entered into and broken by the government using royal prerogative, the 1972 EU Legal supremacy act apparently means EU treaties do impact domestic law so need parliaments assent.

She suggested the implication of this may be that the 1972 act may have to be repealed before Article 50 is invoked. Repealing the 1972 act itself is quite simple, but the consequences of doing so are potentially extensive. Theresa May's original plan was to move all EU law into UK law to mitigate these consequences (200,000 pages and growing of new law). However the Judge has suggested that each individual law may need to be itemised for debate by parliament before being accepted/amended/rejected - a process that could take many years, and as the EU creates new law endlessly (a reason for leaving), it may be a never ending process - and it may all need to be done before Article 50 can be invoked.

I suspect this was the plan all along - and the pro-EU establishment knew this when the 72 act was created and have lied to us all along about it being a simple vote to repeal it 'if we wanted to'.

If this judges view is correct, then brexit may be delayed indefinitely unless we replace our MP's and government with one that is committed to brexit. Simply replacing MP's in not enough - this Conservative government under David Cameron and Theresa May are as much barriers to Brexit as the Liberal Democrats are - just more sneaky and underhand about it.

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