The first of today’s letters addresses an important aspect of the Supreme Court’s Judgement. It is by our contributor “A Roving Reporte”:
All the quotes are from the majority judgment, delivered by the President of the Supreme Court, Lord Neuberger. His references to “the 1972 Act” are of course references to the ECA 1972.
The Supreme Court has delivered its verdict, and the Government has promised to put draft legislation before the Commons on Thursday. If it didn’t before, the Government now knows that this draft legislation MUST include the repeal of the ECA 1972 – as Paragraph 101 of Lord Neuberger’s delivery:
“101. Accordingly, we consider that, in light of the terms and effect of the 1972 Act, and subject to considering the effect of subsequent legislation and events, the prerogative could not be invoked by ministers to justify giving Notice: ministers require the authority of primary legislation before they can take that course.”
In other words, as completely expected, the whole decision is based fundamentally on the ECA 1972. His speech contains a heavy hint:
“Of course, consistently with the principle of Parliamentary sovereignty, this unprecedented state of affairs will only last so long as Parliament wishes: the 1972 Act can be repealed like any other statute.”
He also lays it on thick with regard to the situation which exists while ever it is not repealed:
“So long as the 1972 Act remains in force, its effect is to constitute EU law an independent and overriding source of domestic law.”
“That is because of the principle of Parliamentary sovereignty which is, as explained above, fundamental to the United Kingdom’s constitutional arrangements, and EU law can only enjoy a status in domestic law which that principle allows. It will therefore have that status only for as long as the 1972 Act continues to apply, and that, of course, can only be a matter for Parliament.”
Therefore: the ECA 1972 must be repealed now!
Here is the letter I sent to Mr David Davis MP on this particular point:
Date: 24 January 2017 at 13:59
Subject: Supreme Court Decision
To: David Davis email@example.com,
Dear Mr Davis
Any legislation you put through that does not repeal the ECA 1972 leaves that statute in place. As the Supreme Court has held, while ever that law remains on the statute books, you just cannot get off first base.
I therefore strongly suggest that you adopt something like the short form I have suggested.
Respectfully, A Roving Reporter
Polling data suggest that Paul Nuttall MEP is leading in the by-election in Stoke-on-Trent. The next letter, by our contributor and reader Jeremy Wraith, hopefully helps further in this campaign:
Congratulations to Paul Nuttall for being our candidate in Stoke on Trent. I suggest that the Labour voters may be influenced to vote UKIP when they realise that in 2014 the Labour Party was making UK households pay £1,450/annum to the EU to save big business just £85/annum/household by supporting being in the EU.
Reason, the UK paid £12.3 billion net to the EU budget, (about £450/household). It cost UK householders £27 billion to be in the EU in 2014, (nearly £1,000/household). It therefore cost each household about £1,450 to save UK exporters just £85/household on EU import duties (about £2.28 billion). This does not include the loss of import duties on EU exports to the UK of about £3 billion. My full note on the subject can be seen on https://drive.google.com/file/d/0B_58IkM0Kp6dRXhYd0dpSUlCM00/view?usp=sharing
Respectfully, Jeremy Wrath, UKIP Salisbury
Finally, and again on the Stoke-on-Trent by-election, we just received this letter by our reader and contributor Jack Russell:
Many of us remember how, during the local elections in the last few years, and especially during the General Election campaign 2015, the MSM were scouring the social media sites (Facebook, Twitter) of our members and prospective candidates for any remark with which to smear them and UKIP as racists and bigots and thus unworthy and unsuitable to stand.
I was shocked – no, actually I was delighted! – to read a report in today’s “Daily Express”, quoting a tweet by the Labour candidate in the Stoke by-election, using language denigrating Brexit and all who voted for us to Leave.
I do hope this report – with the tweet – will be widely published because it shows the disdain Labour has for us voters and especially for all of us who voted for Brexit, and that all who go to campaign for Paul in Stoke will mention it on the doorsteps. This will surely add another couple of thousand votes to Paul’s tally on February 23rd!
Respectfully, Jack Russell