Tick Tock Tick Tock

Tick tock tick tock…..

May’s mayhem has been rejected, the remoaners are in full panic, the EU quiet and Parliament in a mess… Brexit is about to happen WTO style.

Tick tock tick tock….

The cluelessness of commentators and politicians alike from the Westminster bubble is mindbogglingly bewildering. How have we, the Great British public, managed to elect such and incompetent bunch of fools is beyond me. This lot, nearly all 650 of them, make the Monster Raving Looney Party look not just electable but fit for Government! How??????????
Before I go any further, may I remind the readers that according to Lord Neuberger and the Speaker, only Statute can override Statute! (Lord Neuberger 2019)
Is “No Deal” dead?
Philip Hammond has said “No Deal is dead”, no it isn’t, it is the only conceivable option left. Parliament cannot prevent leaving without an agreement as it is the default legal position.
Firstly, under European Union (Notification of Withdrawal) Act 2017, leave two years after article has been invoked in accordance with the treaty.

1. The Prime Minister may notify, under Article 50(2) of the Treaty on European Union, the United Kingdom’s intention to withdraw from the EU.

2. This section has effect despite any provision made by or under the European Communities Act 1972 or any other enactment. 

Lisbon Treaty

2. A Member State which decides to withdraw shall notify the European Council of its intention. In the light of the guidelines provided by the European Council, the Union shall negotiate and conclude an agreement with that State, setting out the arrangements for its withdrawal, taking account of the framework for its future relationship with the Union. That agreement shall be negotiated in accordance with Article 218(3) of the Treaty on the Functioning of the European Union. It shall be concluded by the Council, acting by a qualified majority, after obtaining the consent of the European Parliament.

3. The Treaties shall cease to apply to the State in question from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification referred to in paragraph 2, unless the European Council, in agreement with the Member State concerned, unanimously decides to extend this period.

 

Thanks to Gina Millar, legislation passed to invoke, needs legislation to revoke or extend. Which also requires the approval of the EU27.

Secondly, the European Union (Withdrawal) Act 2018, makes it British law that we leave at 2300h on March 29th 2019.

“In this Act references to before, after or on exit day, or to beginning with exit day, are to be read as references to before, after or at 11.00 p.m. on 29 March 2019 or (as the case may be) to beginning with 11.00 p.m. on that day.”

Therefore any agreement has to be legislated for by an act of parliament. Even though extending article 50 may be an option, it would require the unanimous agreement of the EU27, AND primary legislation, through both houses of parliament. Rescinding article 50 would also require primary legislation.

Thirdly, any deal has to be agreed by the EU, parliament can tinker round the edges but the EU institutions and member states still have to agree.
Second Referendum
 
Not enough time to table it and legislate for it, with the question and campaign before the Withdrawal Act takes effect.
Customs Union
 
Already dead as the Taxation (Cross-border Trade) Act 2018, makes customs union unlawful unless by Primary legislation. Section 31(5):

In the case of a customs union between the United Kingdom and the European Union, Her Majesty may not make a declaration by Order in Council under subsection (4) unless the arrangements have been approved by an Act of Parliament.

Also, any customs union proposals will have had to have been tabled by the 31st October 2018 in accordance with the EU Withdrawal Act 2018, Section 18

(1) A Minister of the Crown must lay before each House of Parliament a statement in writing outlining the steps taken by Her Majesty’s Government, in negotiations under Article 50(2) of the Treaty on European Union, to seek to negotiate an agreement, as part of the framework for the United Kingdom’s future relationship with the EU, for the United Kingdom to participate in a customs arrangement with the EU.

(2) The statement under subsection (1) must be laid before both Houses of Parliament before the end of 31 October 2018

With only 28 sitting days left in parliament before Brexit. Time has nearly, tick-tocked out.

 

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