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Article 50 won't be triggered this year under Gove

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    #51
    Article 50 process on Brexit faces legal challenge to

    Legal steps have been taken to ensure the UK Government will not trigger the procedure for withdrawal from the EU without an Act of Parliament. The case is being brought by leading law firm, Mishcon de Reya, on behalf of a group of clients. Following publication of articles on the subject this week Mishcon de Reya has retained Baron David Pannick QC and Tom Hickman to act as counsel in this action, along with Rhodri Thompson QC and Anneli Howard.

    The Referendum held on 23 June was an exercise to obtain the views of UK citizens, the majority of whom expressed a desire to leave the EU. But the decision to trigger Article 50 of the Treaty of European Union, the legal process for withdrawal from the EU, rests with the representatives of the people under the UK Constitution.

    The Government however, has suggested that it has sufficient legal authority. Mishcon de Reya has been in correspondence with the Government lawyers since 27 June 2016 on behalf of its clients to seek assurances that the Government will uphold the UK constitution and protect the sovereignty of Parliament in invoking Article 50.

    If the correct constitutional process of parliamentary scrutiny and approval is not followed then the notice to withdraw from the EU would be unlawful, negatively impacting the withdrawal negotiations and our future political and economic relationships with the EU and its 27 Member States, and open to legal challenge. This legal action seeks to ensure that the Article 50 notification process is lawful.
    "A people that elect corrupt politicians, imposters, thieves and traitors are not victims, but accomplices," George Orwell

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      #52
      Originally posted by AtW View Post
      As long as they don't order to execute order 66 ...
      Nah there are a few to do before that one.

      Comment


        #53
        Interesting that according to this article (which I can only partially see as it obscures most of the content if one has an ad blocker active ), Lord Owen and Lord Lawson say we can leave the EU without using Article 50 and the 2 year delay.

        Lord knows they are right. We make our own laws, part of the main reason for wanting to leave the EU, and negotiate immediately on trade deals, and ignore the overly bureaucratic EU laws.

        Simple.

        Edit: One can view the content of the article by doing a 'view source' of the web page.
        Last edited by Hobosapien; 4 July 2016, 07:31.
        Maybe tomorrow, I'll want to settle down. Until tomorrow, I'll just keep moving on.

        Comment


          #54
          Originally posted by Hobosapien View Post
          Interesting that according to this article (which I can only partially see as it's obscures most of the content if one has an ad blocker active ), Lord Owen and Lord Lawson say we can leave the EU without using Article 50 and the 2 year delay.

          Lord knows they are right. We make our own laws, part of the main reason for wanting to leave the EU, and negotiate immediately on trade deals, and ignore the overly beauracratic EU laws.

          Simple.

          Edit: One can view the content of the article by doing a 'view source' of the web page.
          Baron David Pannick QC is heading the legal challenge. He is in the House of Lords and a retired judge from the Supreme Court UK. You can’t compare Lord Owen and Lord Lawson’s knowledge to that of an ex-Supreme Court judge.
          "A people that elect corrupt politicians, imposters, thieves and traitors are not victims, but accomplices," George Orwell

          Comment


            #55
            Originally posted by Paddy View Post
            Baron David Pannick QC is heading the legal challenge. He is in the House of Lords and a retired judge from the Supreme Court UK. You can’t compare Lord Owen and Lord Lawson’s knowledge to that of an ex-Supreme Court judge.
            I'm not attempting anything other than pointing out all this article 50 talk may be wasted if there are genuinely other routes. What's the EU going to do go crying to the UN?

            Maybe this is the war in Europe Cameron was on about. Though if we promise to keep buying German tat we'll be ok. If they play hardball we'll just threaten to buy more chinese or american tat instead.

            We have the power of greyskull, aka the house of lords.
            Maybe tomorrow, I'll want to settle down. Until tomorrow, I'll just keep moving on.

            Comment


              #56
              Originally posted by Hobosapien View Post
              I'm not attempting anything other than pointing out all this article 50 talk may be wasted if there are genuinely other routes. What's the EU going to do go crying to the UN?

              Maybe this is the war in Europe Cameron was on about. Though if we promise to keep buying German tat we'll be ok. If they play hardball we'll just threaten to buy more chinese or american tat instead.

              We have the power of greyskull, aka the house of lords.
              Article 50 is part of the Niece Treaty of which we are signatories. As a nation that prides itself on law and due process it would be very strange if we just walked away from our international treaties without following the protocols set down in said treaties. That would be setting a very bad precedent and I doubt there's a majority in the commons for such an approach.

              Comment


                #57
                Originally posted by Hobosapien View Post
                I'm not attempting anything other than pointing out all this article 50 talk may be wasted if there are genuinely other routes. What's the EU going to do go crying to the UN?

                Maybe this is the war in Europe Cameron was on about. Though if we promise to keep buying German tat we'll be ok. If they play hardball we'll just threaten to buy more chinese or american tat instead.

                We have the power of greyskull, aka the house of lords.
                I now have an image of Michael Gove holding aloft his magic sword and shouting "I HAVE THE POWER!".

                The problem with breaking international agreements is that nobody will want to sign an international agreement with us ever again. Even UKIP voters wouldn't be crazy enough to suggest just walking away.
                Will work inside IR35. Or for food.

                Comment


                  #58
                  Originally posted by VectraMan View Post
                  I now have an image of Michael Gove holding aloft his magic sword and shouting "I HAVE THE POWER!".

                  The problem with breaking international agreements is that nobody will want to sign an international agreement with us ever again. Even UKIP voters wouldn't be crazy enough to suggest just walking away.
                  Equally, if Parliament were to block the consensus of the people then that would be ok?

                  Opinion seems to be that any act required would be passed, even if you might end up with 600 abstentions.

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                    #59
                    Didn't they say similar about Iceland defaulting a few years ago? Seems they've gone from strength to strength recently.

                    Rules are overruled by money. Who wants to sell us some tat?
                    Maybe tomorrow, I'll want to settle down. Until tomorrow, I'll just keep moving on.

                    Comment


                      #60
                      Originally posted by VectraMan View Post
                      I now have an image of Michael Gove holding aloft his magic sword and shouting "I HAVE THE POWER!".

                      The problem with breaking international agreements is that nobody will want to sign an international agreement with us ever again. Even UKIP voters wouldn't be crazy enough to suggest just walking away.
                      Article 50 states nothing more than that when a country states it's intent to leave the EU it's automatically triggered. So it's a little bit inconceivable that the UK leaves the EU without notifying anyone.

                      A prime minister actually doesn't have to turn up they can simply send a letter to be read out to the Council.
                      I'm alright Jack

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