Remain or leave?

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  • Senior Tory Eurosceptics have written to Theresa May claiming her accord with the EU to delay Brexit may be illegal. 

    Sir Bill Cash, Suella Braverman and others tell the prime minister that MPs and lawyers have “serious legal objections” about Brexit being pushed to beyond March 29.

    It comes after May struck an agreement with EU leaders at a summit in Brussels last week to extend the UK’s membership until April 12 - or May 22 if she succeeds in passing her withdrawal agreement through parliament.

    May’s administration sought the delay after MPs voted for a Commons motion to extend the process. 

    A statutory instrument (SI), a parliamentary device used to create laws, will be used to officially remove the March 29 date from Brexit legislation and is due to be debated by the House of Commons on Wednesday.

    The Tory MPs claim May’s decision to seek parliament’s approval for the SI after the event “called into question the lawfulness of its actions and has (at minimum) created serious legal doubts about the legal situation surrounding the extension”.

    The MPs’ letter also makes separate claims about the delay.

    It states that May could have made unlawful use of the Royal Prerogative in agreeing to an extension which was “inconsistent with the intention of parliament”.

    Legal precedent suggested the PM required an act of parliament to use the prerogative in this way, they said.

    They complained the government had presented parliament with a fait accompli instead of “respecting the normal practice” of asking MPs to approve a binding international obligation in advance.

    They also said the extension violated the Vienna Convention because it was agreed “in violation of a provision of internal law”.

     It is written into our law by the royal accent that we leave on 29th of March 2019 at 11 pm precisely and unless royal approval is given meaning a new document to be signed and the old one repealed by parliament, house of commons green paper/ white paper submitted to the house of lords for ratification, it should constitute high treason by way of insurrection against the crown and their people and there simply is not enough time to do all that so I conclude we will leave on schedule without a deal

    Any suggestions comments?    Where is a Guy Fawkes when we need one?

    Cristine Jennifer Shye.  B/L.  B/Acc
    This post was edited by Cristine Jennifer Shye. BL at March 27, 2019 5:30 PM GMT
      March 27, 2019 5:28 PM GMT
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  • But surely she didn't agree to an extension which was “inconsistent with the intention of parliament”, as parliament had actually voted in favour of an extension?

    However Brexit happens, and it's probably going to happen, it's going to be a right old mess.

    For 50 years I've travelled, holidayed and later worked extensively across Europe. I can't begin to express my dismay that freedom of movement could well be removed.

     

     

      March 28, 2019 1:37 PM GMT
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  • It would appear that correct and legal procedures were not adhered to, the approval for final ratification for an extension should have been laid before the house of Lords, revoking the leave date 29 March passed into law before adopting an extension.   I agree leaving will cause lots of problems, but the main thing about all this, both parties promised in their manifesto's they would honour the referendum result, democracy is at stake here.   I think it will be a long time before we see any party in parliament with a majority.

    Cristine Jennifer Shye.  B/L.  B/Acc
      March 28, 2019 2:50 PM GMT
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