The UK is Out - New PM - and whither now for Article 50

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Comments

  • Iron Mike - Thanks for writing so politely as I think that is so important but sometimes gets lost when discussing such divisive issues. This is a really good thread and there are good points being made on both sides. I certainly recognise and have total respect for the leave view when made with facts and not buses, some of my friends make a fantastic and articulate case for leaving.

    In response - I think had there been a slender majority for remain it would still have been advisory but there would be no aftermath as nothing would need be done as we would proceed as before. No case could have been brought that we should actually be leaving due to the referendum only being advisory as it would be clear that for subsequent change govt would need pass an act, which would need debating and voting for. In theory a general election victor could trigger article 50 after a vote in parliament even had remain won, but either way the point is the UK decides it's course through parliament. We don't actually need referendum to leave but we do need parliament and the lords as they are how our democracy has always worked. Referendum is essentially how parliament gauge the publics wishes, and why parliament may still vote fro brexit.

    Challenging the Govt by an individual should be open to all as the Govt have a duty to apply the laws to themselves and this is what was being brought into question, the case was about needing parliament to repeal the 1972?. If a member of the public cannot apply for the laws to be upheld we may as well not have laws.

    I don't think it strange that it was not a high profile complainant as the matter is so political and has been from the start.

    I would imagine she is backed by some wealthy individuals using her case for their own ends to hopefully get an outcome that they prefer. But this is what everyone has done and does as money is power at these times, Ukip or at least the leave campaign was bankrolled quite heavily by Aaron Banks I believe because he hopes for a specific outcome, the newspapers supported Boris and Gove for their preferred outcome and someone is backing these claimants for their own interests.

    I am not sure why the are seek to remain anonymous, it could be political or simply personal safety as I am sure this lady is looking over her shoulder at present, very sadly.

    Ultimately there is a process and all the law courts have said today is that this process must be followed, the referendum did not trump due process of parliament and law. It has not reversed brexit in any way at all, just asked for it to take it's rightful place within the process rather than swallow up the whole process.

    Obviously I am a remainer but if it gets through parliament and the lords I haven't got a leg to stand on and I will not be moaning (even though my opinion will remain), I just cant have that a 1.9% majority give TM the right to do as she pleases and call remainers undemocratic.

    As an side it is becoming clearer she doesn't know what she is doing and I fear will not last long. This was reported below.

    Theresa May is set to call EU Commission President Jean-Claude Juncker to make it clear she intends to stick to the timetable for triggering Article 50 in March, the spokeswoman said.

    If true she must know that as of today it is now currently and categorically out of her control to trigger article 50, it makes her look foolish to Juncker.


  • Mrs Grey - thanks.

    Just one point - in this type of action (review/direction) there is no process for awarding costs against the other party as it is not a 'win or lose' situation.

    And I'm pleased that you are not bovvered about most of the questions I raised. ;wink
  • edited November 2016
    ;hmm I thought I read that costs (capped) had been award, Mike. I will 'ave a look.


    ;puzzled I thought I had answered all of them. I will look back and see which I didn't, and if I have a view on it, I will post it. ;ok
  • re costs...

    In some of the coverage of the ruling, I saw this:
    Lord Pannick, for successful claimant, asks court to make formal declaration and order that government pay Mrs Miller’s costs, to be capped. Other counsel seek costs from the government.
    I couldn't see whether the request was granted, but assume since requests were made, it is at least possible.
  • edited November 2016
    re 'not bovvered' .. I am not bovvered about those issues as I thinkthey are red herrings that muddy the waters ;biggrin

  • Of course, since the govts case for having the power to do whatever it wants stems from the 'Royal Prerogative'...

    ... if people feel so strongly about wanting to 'taking back control' from the unelected, safeguard 'democracy' and and ensure 'parliamentary sovereignty', they might think about abolishing the monarchy.

    ;biggrin



    (Lobs that one in and runs away very fast ;run )

  • Can someone explain why one of the judges sitting on this was the founder of the EU integration council. Surely judges are supposed to be neutral.
  • Mrs Grey - I didn't say they wouldn't ask for costs to be awarded - just there isn't a process in these cases. Hence the request for a declaration - if the court was minded to make such a declaration Mrs Miller (but not her anonymous backers) could go back to the court with a request that the court then order the government to pay her personal costs (I.e. Capped). The other barristers making claims would have to make separate claims relying on the decision re Mrs Miller.

    I'm sure the tax payers will be over the moon to fund such payments to the barristers who no doubt will be most grateful to their mates on the Bench.

    And forgive me - I didn't mean to pose questions which might raise some coloured fish or stir up dirty ponds. ;biggrin
  • thorn

    I'd like to hope those appointed as judges were impartial. If not, there's a lot bigger problems than Brexit...


  • I'm sure the tax payers will be over the moon to fund such payments to the barristers who no doubt will be most grateful to their mates on the Bench.
    ;biggrin

    As a tax payer, I am happy that my taxes go towards ensuring that the govt doesn't turn into a dictatorship.

    I'm less happy that the govt have decided to appeal, at further cost, a decision they stand little change of overturning in practice and have little grounds for challenging in principle, given the thorough and detailed judgement that was handed down.

    But that's just me.
  • Can someone explain why one of the judges sitting on this was the founder of the EU integration council. Surely judges are supposed to be neutral.

    Who? And what is the EU Integration Council?
  • As an aside, nice to see 'whither' get a run out. The Peter Crouch of question words.
  • I like a hither/thither/whither ... possibly even more than a hence/thence/whence ;wahoo
  • edited November 2016
    LibDem leader Tim Farron puts it rather succinctly:

    "Ultimately, the British people voted for a departure but not for a destination, which is why what really matters is allowing them to vote again on the final deal, giving them the chance to say no to an irresponsible hard Brexit that risks our economy and our jobs,"

    However, I'm not sure that's possible. ;hmm
  • Peter Wither played for Forest i think in the 80s? or was it the 70s? Or maybe he was just Withe
  • What's the point NE? People on twitter deal with that on a daily basis.
  • Is Farage back again... I thought he was off touring America.

    Wonder what the Seig Heil front page will be tomorrow. I bet they mention Migrants / Muslims or Cancer...

    Ok I was wrong, not Migrants or Muslims...

    Terence_640x345_acf_cropped
  • ;lol Gotta laugh at how ridiculous that is.
  • Not sure if the problem is his gay / ex-Olympian or a fencer....

    ;hmm ;doh
  • It's beyond parody.
  • edited November 2016
    vorse, maybe it's his being an openly EX-fencer? A fencer would be bad enough but an EX fencer. What is the world coming to? ;wahoo

    Or an Olympic gay? ;poormf
  • The Express:
    Truly, November 3 2016 was the day democracy died.

    ;lol

    #overwrought
  • Well for certain we know they are forming a balanced and fact based response to the judges decision....

    The paper version also has an interesting take on things... Considering one of the main reasons for the exit was to give power back to our own legal system....

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  • If he's an ex-fencer, it's safe to assume he won't be putting up barricades ;biggrin ;yercoat
  • As a leave voter even I can see the irony that we are now angry at our own courts for following our laws - something that a lot of leave voters wanted. As for those making threats online I despair, but unfortunately the internet has given them a platform rather than just their few stupid mates ears in their local!

    I still think that Brexit will go ahead, but hopefully now with more of the remainers feeling that it is more of a compromise than the initial fear they had that it would be a harsh separation forced on them. Also by going through the courts and now parliament it takes away any issues of it not being democratic.

    The judges have not ruled that we shouldn't leave, just that as per the law we need parliament to pass legislation to do so legally. Nothing wrong with that, so lets carry on and get parliament on to it.


  • The biggest pox on our country is undoubtedly the press, the daily mail should be like the viz comic and then it would be funny, but sadly many take it as truth.

    Another funny quote today from the welsh secretary to follow Boris and his titanic gaff.

    Mr Cairns claimed the UK was in a "strong position" on the Brexit negotiations as it had one of the world's fastest growing economies.

    I think he needs recognise the difference between past and present tense, it's quite important when talking of economies prospects.
  • edited November 2016
    Much as I hate The Daily Mail their headline, rather than being sensationalist, captures the essence of what the average Brexiter will be feeling. The smug assumption that "well you wanted to take back control, well there you have it" snigger snigger doesn`t take account of the fact that by "taking back control" the average Brexiter didn`t want to see (as one great chap once said) one "tyranny" replaced with another. The vote as much as anything was a kick against authority, the sight of three bewigged judges apparently over riding the "will of the people" is hard to stomach (and please note I said apparently), it seems like a kick in the teeth. And the smug overtones of "well at least common sense may well now prevail etc etc etc" will do nothing to allay peoples fears and more importantly anger. Not something I`d support, but if the person/persons have received death threats via Twitter ;doh then I`m not surprised. Ordinary people seem to be constantly manipulated and told whats "best for them". Perhaps people are sick of being told whats best for them and may, at last, start deciding for themselves what actually is best for them.
  • Much as I hate The Daily Mail their headline, rather than being sensationalist, captures the essence of what the average Brexiter will be feeling.

    Depressing, innit.
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