The EU Referendum

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moonjiver
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Re: The EU Referendum

Postby moonjiver » Sun Jul 03, 2016 3:10 pm

Just posted a reply to Richard about catch-up TV - new thread in the Computer section!

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Richard
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Re: The EU Referendum

Postby Richard » Sun Jul 03, 2016 9:11 pm

Thanks MJ,

Continuing as before....

Should a general election be held before any attempt is made to activate article 50, the legal mechanism triggering the negotiations for EU exit?
I suspect a new Tory PM would have to take legal advice on how to invoke article 50.
If it has to be voted through by parliament no future prime minister will attempt this unless, of course, they are sure they have sufficient support.
If indeed we do need a parliamentary majority to invoke article 50 we can't be sure that it would be supported, given the current situation, where the SNP won't ever vote for it, and Labour are in no position to do anything yet and may well oppose it when they have reformed or split up.
Or is it just a matter of simply notifying he EU of an intention which can be carried out without such complications since the majority voted to leave?

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moonjiver
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Re: The EU Referendum

Postby moonjiver » Mon Jul 04, 2016 7:28 am

It's hard to see how any new PM could call a general election before starting the Brexit process - it would surely be seen as questioning the referendum result, whereas even Teresa May appears adamant that the referendum decision will be firmly honoured.

In politics anything can happen of course (and has just done!) but imagine the storm if politicians really did start backtracking on the Brexit decision. Aux baricades, mes amis ..

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Richard
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Re: The EU Referendum

Postby Richard » Mon Jul 04, 2016 11:00 am

I was wrong, it is the referendum itself that has to be ratified by parliament, before article 50 can be invoked.
Hopefully parliament is still working despite the chaos.

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Derek Jempson
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Re: The EU Referendum

Postby Derek Jempson » Mon Jul 04, 2016 7:04 pm

moonjiver wrote:It's hard to see how any new PM could call a general election before starting the Brexit process - it would surely be seen as questioning the referendum result, whereas even Teresa May appears adamant that the referendum decision will be firmly honoured.

In politics anything can happen of course (and has just done!) but imagine the storm if politicians really did start backtracking on the Brexit decision. Aux baricades, mes amis ..


This is what concerns me. I have a sneaking suspicion that politicians will prevaricate (or lie through their teeth), use delaying tactics and then a couple of years down the line, declare that it is illegal/impractical/impossible/immoral/indefensible to leave the E.U., thereby ignoring the referendum result by stealth.

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Geoff
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Re: The EU Referendum

Postby Geoff » Mon Jul 04, 2016 7:20 pm

Hi Derek, there would be a lot of disappointed people should that ever become the case, losing all trust in our political system (if there is any trust right now). Not to mention the rocky financial road we are having to tread in order to reach our non-EU dream would then be in vein. I sincerely hope the powers that be are a bit more loyal to the population's wishes, but we shall no doubt see in time. The plot thickens :pirate:

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Derek Jempson
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Re: The EU Referendum

Postby Derek Jempson » Tue Jul 05, 2016 6:20 am

We are seeing signs of "wriggling" already Geoff. A former Attorney General says that the referendum was not legally binding and that a second referendum would be possible, and you can bet that the Mandarins of Brussels are secretly pressuring/bullying the government into finding every means of overturning the referendum result.

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roy
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Re: The EU Referendum

Postby roy » Tue Jul 05, 2016 8:46 pm

Well we are 2 wks on from the result and the world has not caved in WW3 in Europe has not begun and the Footsie is up,the pound is down but not that much,especially against the Euro.
Of course early days yet but I feel more optimistic than I thought I might,even a small increase in petrol is worth the price for control of our borders and our independence back,we just need Andrea to win the Tory crown and we will be on our way.

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Richard
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Re: The EU Referendum

Postby Richard » Tue Jul 05, 2016 10:22 pm

The result of the referendum is not in any doubt whatsoever, but we do need a due process that follows UK law (constitutional or otherwise) to enact it and we await legal advice on whether or not the future prime minister can issue a notification, under Article 50, without being given authority to do so by an act of Parliament, otherwise there would be all sorts of legal challenges and accusations.
That is where I see the issue and it may clearly take some time yet to arrive at.
The Scottish parliament could withold its consent but the British parliament could out-rule it and, after following all necessary legal advice, (as above) I doubt very much that leaving the EU could be halted.

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roy
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Re: The EU Referendum

Postby roy » Tue Jul 05, 2016 10:27 pm

Richard wrote:The result of the referendum is not in any doubt whatsoever, but we do need a due process that follows UK law (constitutional or otherwise) to enact it and we await legal advice on whether or not the future prime minister can issue a notification, under Article 50, without being given authority to do so by an act of Parliament, otherwise there would be all sorts of legal challenges and accusations.
That is where I see the issue and it may clearly take some time yet to arrive at.
The Scottish parliament could withold its consent but the British parliament could out-rule it and, after following all necessary legal advice, (as above) I doubt very much that leaving the EU could be halted.


I hope that this is what happens,but I guess I have little faith in the house of commons and I am sure there are many vested interests who will be stoking the pot as we speak.


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