Martin Howe QC has written an outstanding article laying bare how Ms May’s Brexit wrecking exercise is unconstitutional:
“Theresa May has abandoned constitutional precedent by committing to extend A50”
It is behind a paywall, but because of its importance I shall quote extensively from it. After all – we all want and need to know how Ms May and her Whitehall wrecking crew are delivering us to the EU dictatorship.
I also urge you to read, in parallel, this article in today’s BrexitCentral, by an anonymous civil servant who appends the relevant document laying out how Ms May will wreck Brexit this week. They make this point, setting the background for Mr Howe’s article:
“A rejection of the SI would create a clash in UK law,” claims the document, [appended to this article] It would not stop the extension being agreed or coming into force, that is a matter of EU and International law, not domestic law“. Yes, read that again. And again. And again.” (my bold)
Now to Mr Howe’s article, with my emphases added:
“Every day of the Brexit process brings new and startling turns, but Theresa May’s latest gambit moves events into new realms of astonishment.
On Friday, she instructed Sir Tim Barrow, our man in Brussels, to write a letter to the EU which formally agrees to Article 50 being extended to April 12 (at least), without first waiting for Parliament to approve the extension.
The EU (Withdrawal) Act 2018 governs our exit from the EU. It says that “exit day” will be on March 29. After that day, the European Communities Act 1972 – which gives effect to EU treaty obligations in UK domestic law – will be repealed.
But the 2018 Act also allows “exit day” to be changed – by a special piece of legislation called a “statutory instrument” (SI) – so long as a draft of the SI is approved by a vote in each House of Parliament.”
Note well: this SI needs the votes of both the HoC and the HoL. For your information, in an aside, the indomitable Sir John Redwood writes in his diary this morning that he will not vote for such SI – read the whole thing! More from Mr Howe QC:
“Those votes on the SI are expected this week. But the government is claiming that because of Sir Tim’s letter, the extension has already happened.
Nothing Parliament can say or do can stop it. All that will happen if the SI is voted down, says the government, is that the UK’s internal law will be not be changed to match the new exit date which has been internationally agreed.
So voting down the SI will cause legal chaos because the UK’s internal law will not conform with our international obligations, but won’t actually prevent us from still being an EU member state and bound by the EU treaties for this extra period of time.”
Let that sink in for a moment. It gets worse:
“This is contrary to long standing constitutional convention and practice. Whenever the government proposes to enter into an international law obligation which would require Parliament to change the UK’s internal law, it will not finalise that obligation until Parliament has passed the necessary legislation.
This longstanding practice avoids putting Parliament in the invidious position of being faced with a fait accompli: where it either has to pass the legislation, or take the serious step of bringing the UK into breach of the international obligations which have been assumed by the government.”
Read that again, please – this is what Ms May and her Whitehall Remain handlers have actually created. That Chequers meeting yesterday? Smoke and mirrors! Moving on:
“This convention and practice is just as applicable to a time extension under Article 50 as to a new treaty, because an extension requires UK internal law to be changed by Parliament in a way which will affect the rights and obligations of every citizen.
They will (among other things) remain EU citizens for a longer period, whether they like it or loathe it. It also automatically makes the UK liable to pay into the EU budget for the extended period, and it is unconstitutional to incur such a financial liability without a vote by the House of Commons.
And what is the point of Parliament carefully legislating to say that “exit day” can only be changed with an affirmative resolution of each House, if the government can pre-empt those votes and force Parliament into approving the extension because the alternative is chaos?”
Mr Howe brings up a rather interesting aspect next:
“So Parliament needs to hold the government to account for this appalling and contemptuous behaviour which breaches established constitutional practice.
And what is the legal position? In the Gina Miller case, the government’s prerogative powers could not be used to give notice under Article 50 because that would affect rights and obligations of people in the UK.
The Supreme Court held this was contrary to the intention of Parliament as reflected in the European Communities Act 1972.
Similar logic would seem to apply to an extension of time under Article 50. Since Parliament has provided in the Withdrawal Act a special procedure which requires votes in each House of Parliament before the UK’s internal law can be changed [to] apply EU law for the extended period, the argument is that the government cannot use prerogative powers to pre-empt the procedure laid down by Parliament.”
I for one would hope that some brave Brexiteer is taking heed and is now going to take this to the Supreme Court, as Mr Howe explains:
“It seems that Theresa May’s premiership has now reached a reckless and desperate (and probably terminal) phase in which she is willing to depart from constitutional precedent in order to pre-empt the tiresome necessity of a Parliamentary vote.
If constitutional proprieties are not sufficient to rein in her conduct, the next step may have to be a legal challenge to the validity of the Sir Tim Barrow letter on similar grounds to the Gina Miller case. The present extension is only for two weeks until April 12, if her deal is not passed this week. But it is possible that she will then seek a much longer extension from the EU.”
But will our chicken Brexit MPs actually do anything? The Remain MPs most certainly won’t! They are happy to sell us out to the EU for a bowl of pottage. Mr Howe concludes with this strongly-worded paragraph:
“It ought to be inconceivable that any Prime Minister could rush off and bindingly agree under international law something as serious as an Article 50 extension to the end of the year – or even to the end of 2020 – without Parliament having first approved the necessary legislation, but there is every reason to fear that this is what our rogue Prime Minister could do.”
Not inconceivable, sadly – please see again this article in today’s BrexitCentral by an ‘anonymous civil servant’ which, above, I already urged you to read .
It’s up to us one more time: email your MPs with the links to this article and to the one in BrexitCentral so they cannot claim ignorance when they again sit on their hands. we know, and we are watching!
I can’t even begin to describe my loathing of the Remainers who are wrecking not just Brexit but our Parliament, our constitution and our democracy. We cannot let them get away with this.
KBO!
People here are talking about elections, perhaps voting for UKIP, the trouble is this will be too little too late. Democracy is just about dead in our country, Lib,Lab and con don’t seem to care anymore about their popularity and I think it’s because democracy isn’t part of the game plan after the EU sell out.
Don’t forget there are ten thousand foreign troops, mainly from EU countries, arriving on our soil on the 30th of this month, the day after our supposed Brexit. At the first sign of trouble Eurogendfor won’t be far behind. So much for elections!
It’s been suggested to me that they’re Nato forces, largely Canadian etc, and that the EU haven’t quite yet got their act together enough to crush us with their thug forces. uch though that’s what they aim to do in future.
Whatever the truth of the matter, I just dont know. But we should avoid overestimating a bully’s power over us as that is playing into his hands .
If the”Cowards”in Westminster were going to do what 52 % voted for,then why didn’t they repeal the”European Communities Act”or the”European Elections Act?”Once they had done that,all they needed to do is sent a letter to the EU telling them they were leaving.The PEOPLE of the UK have been BETRAYED by”Traitor May”and the”Remoaners” in Westminster.
The electorate at large , 5 minutes with most is enough, I can’t see the snowflake, hipster generations having any idea of what life was like pre .eu. You have to be over 60 to have any idea and many of them have been brainwashed by the media. Remember when we use to talk about the 80/20 pareto analysis , my guess it’s near 90/10 now,
I saw this coming and I am just the plumber.
Did anyone other than me notice Tusk say the EU have well prepared for “no Deal “.
SInce the British taxpayer paid for these preps, where is our copy?
And why has our Government not run paralell preps ?
Wecan betaken away and put to death then.
I fear we are about to live through very interesting times.
Will the Cabinet please tell Mrs May and the Civil Service that Ministers of the Crown cannot put Her Majesty in the position of riding roughshod over current law?
I am sending an email to my MP today, drawing his attention to what has been said by Martin Howe QC. Michael Ellis MP is a Barrister, who should be able to understand this point of view, and add it to his misguided support of Mrs May’s deal. Originally he was personally wishing to remain in the EU, but changed when his constituency voted 58% to leave, stating that his job was to represent the People of this constituency. I want out with WTO ! Lets see if any change takes place, as Michael has already been seen as able to change his personal view to that of his voters.- Doesn’t like WTO, but that door remains open !
Norris McWhirter and Rodney (Blackadder’s brother and almost UKIP leader) Atkinson used to be the go-to men for this sort of thing; Rodney is still around AFAIK ?
https://www.amazon.co.uk/Treason-at-Maastricht-Rodney-Atkinson-ebook/dp/B0067NP9D2/ref=sr_1_1?ie=UTF8&qid=1553523640&sr=8-1&keywords=Treason+at+maastricht
This book, documenting their adventures in trying to stop Maastrichist is a must-read this week…
Rodney Atkinson the best leader we were never allowed to have until we got Gerard.
Thanks Farage.
I do not agree that we have a rogue Prime Minister we have a rogue Conservative Party that is rotten to the core. It cannot be remedied by a change of leader as they all have to satisfy the directives of its sponsors who cannot countenance leaving the EU.
Jake, not only is Theresa May a rogue Prime Minister, she is a demonic, fanatical psychopath, There is no other explanation for her deranged agenda to utterly destroy and subjugate this country whilst cynically pretending to do otherwise. If you wish to know the truth about the hideous deal she is trying to bulldoze through Parliament whilst using every dirty trick in the book, read ’15 fundamental reasons why Mrs May’s Withdrawal Agreement is an abomination’ on the BrexitFacts4eu.org website. It is factual and taken from the 595 pages of the Withdrawal Agreement and the Political Declaration. It will make your blood run cold.
And yes, we DO also have a rogue Conservative Party that is rotten to the core.
Barbara- I’d go even further and say that all along Brexit was a clever scheme designed to destroy our government and democracy in our country.
Let’s face it, we have very little left in the way of political leadership, democracy is all but gone and we have ten thousand foreign troops arriving on our soil at the weekend. Surely people must smell a rat now!?!
The EU, Barnier, Tusk, Merkel and Junker have been playing very clever games with us and how they must be laughing behind our backs, even Adolf Hitler didn’t manage to get troops on our soil.
And yes, Theresa May is beyond evil, she’s in a class of her own.
Flyer, It is not Brexit which is the clever scheme being used to destroy our Government and our Democracy – we are perfectly entitled to demand a Brexit and I would challenge anyone who seeks to deny me a voice in my destiny, the destiny of this country and the destiny of my children and grandchildren – it the the modus operandi of our despicably corrupt, immoral and cynical Politicians and the Establishment in COLLUSION with the monstrous Federalist dictatorship of the EU which seeks to destroy and subjugate.
You are right – there is a vacuum of moral bankruptcy in our Establishment; an Establishment which no longer represents the people who foolishly gave them the power to abuse them.
And yes, I have articulated this before – Germany, a country against which we won 2 World Wars, is now in control of Britain in a bloodless coup, facilitated by our evil Politicians.
I also agree that the military exercises planned FOR THE DAY AFTER we are due to LEAVE the EU, are sinister in the extreme..
However, we will not be beaten. Britons have faced far worse in the not too recent past and triumphed, and people power will win the day against these destructive forces. I fear the Establishment seriously underestimates the tenacity and resolve of the British public and although we may not be ‘fighting them on the beaches’ we will fight them in the ballot box and wherever else is necessary and they will learn that they cannot treat us with such contempt without serious consequences and with impunity.
Well said Barbara.
I think UKIP have been right all along: that there were no quick fixes such as a referendum. You need first to clear the swamp of cockroaches and snakes that have infiltrated and then taken over academia, police, law, education, government, the Lords, the churches: a gargantuan task I know. Getting a referendum then putting the job of Brexit in the hands of globalists and snakes like the Tories was never going to work unless of course we get a big stroke of luck and our enemies falter. The ONLY surefire way to Brexit would be to elect a parliament made up of genuine brexiteers (definitely not mainstream parties) , no referendum needed. who clear the swamp then without wasting time with article 50, tear up the 1972 Act of Accession. That was our only chance, but tribal voting killed that opportunity. What do you think?
My only comment is not vey helpful but it looks as though the only way to get out of the EU is by PHYSICAL INSURRECTION.
I think you are right to the extent that no other way will work.
However, a physical insurrection may be exactly what the EU and their quislings in Westminster are hoping for. Do not expect justice to be the victor in such a conflict. 10,000 EU troops are arriving in the UK on 30 March 2019 for a “major exercise” (https://www.gov.uk/government/news/10000-troops-from-13-countries-arrive-in-the-uk-for-major-exercise). Do you think the date is a coincidence?
It looks to me like the UK has already been sold into vassalage to the Fourth Reich, perhaps some secret treaty has already been signed, in secret, and all the charades we are witness to are just a “tidying-up” exercise. Unfortunately, it isn’t quite going her way all the way, hence May is now resorting to unconstitutional conduct. If there was still any proper governance and rule of law left in the UK, she would be not just deposed, but arrested and prosecuted for treason. As there isn’t, it looks like she is going to get her way, then pick up her reward from the EU, perhaps as the gauleiter of the Province of Britain, later.
Nothing would surprise me any more, not even an EU invasion if a proper Brexit actually, by some accident, happens.
“It looks to me like the UK has already been sold into vassalage to the Fourth Reich, perhaps some secret treaty has already been signed, in secret.” Hasn’t May been quietly signing up to all sorts of military-security “initiatives” over last couple of years, illegally, as it lacked the necessary scrutiny by HoC ? (CIB newsletter March/April 2019). Few MPs even knew anything about it until last few months, although some MPs have now been informed.
What is depressing is that we would have to PAY a lawyer to defend the law and at a time of constitutional crisis beggars belief .
To set up crowdfunding within something like Just Giving is no problem at all. However, we need to identify a Brexiteer law man who would be prepared to fight for us. Anyone any ideas? Is there a Parliamentarian among the Brexiteers who is suitably qualified?
Debbie if anyone can help us surely the author of this outstanding article should be the first port of call if only to advise who in Parliament is suitably qualified.
Uphold our Bill of Rights 1869 and reject the jurisdiction and rule of a foreign power (EU, ECJ, etc). It’s still a statute. We have been duped for years. This chaos is the result.
Yes Debbie.
I suggest Sir Bill Cash who is in the E.R.G. group and a lawyer. He has always been a Brexiteer and fighting a rear-guard action for a very long time. Whether any other commentators on here will agree with me, I do not know, but if not, please be polite!
Sir Bill Cash would be a brilliant advocate if he is willing to take up the cudgel. He is a fantastic staunch Leaver. I would be more than happy to crowdfund for legal expenses as I am sure would many others.
If the law allows her to act unilaterally in a way that commits the UK to anything under certain circumstances surely there is a legal means of removing her from office if she abuses her power in the same way that drunks are not allowed to drive. This takes ‘never trust a Tory’ to a new level.
A time of great change is upon us methinks. Imagine us, the great unwashed, questioning what our public servants are doing? Whatever next? Democracy? Ok I jest, one thing at a time. Let’s get this message out to out MP’s. It turns out that reality is far, far stranger than any fiction, and we can all make a difference, the genie is out of the bottle and isn’t going back in any time soon…
”I for one would hope that some brave Brexiteer is taking heed and is now going to take this to the Supreme Court”
A (barrack room?) lawyer lays out the case. Well and good, but how and who?
In my industry I know how to, and have threatened companies with clear cut contravention of the law that we have to abide by. They have always backed down when push comes to shove. This – I have no idea where to start.
BUT, if the gobby girl from Gabon can do it . . . , and If ever there was a crowd-funding moment, this is it. But how and who?
I am reminded of a saying I heard years ago:
Pity the country that has no heroes.
No pity the country that cannot find a hero.
Bloody hell! Too depressing that it should all come to this.
I think that the only solution is for us to have a whip round and pay Rentokill to do a little job in Westminster, it’s certainly full of the most filthy, disease ridden rats.
Your first line flyer I think describes exactly how we all feel. Nearly 3 years since we voted to LEAVE May and her rotten government have defied the will of the British people. I am at a loss to think what we do next.
Alec, the obvious thing to do would be for those who normally vote Conservative or Labour to cast their vote in favour of a true Brexit supporting political party like UKIP, or failing that mark their ballot paper with the words ‘none of the above’. A good time to start would be in the May local elections where 1000 conservative councilors are in danger of losing their seats. Nothing less than they deserve in the circumstances. This is the only way to strike back at political parties, especially those who form governments at local and national level. Hit them where it hurts most at the ballot box. These councilors will be out of office for at least four years. At least then their out of touch leaders will actually sit up and start to take a bit of notice. The electorate at large really does need to wake up and smell the coffee and have the courage to take action, even if it means voting for a party that they wouldn’t normally consider.
“If voting made any difference they wouldn’t let us do it.”― Mark Twain
just be a bolshie so-and-so. Cancel tv licence, council tax direct debits and pay council tax in dribs and drabs. car tax too.
Flyer – Couldn’t agree more!!