Another new Brexit thread

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Let’s get to the end game it’s all huff and puff at the moment

EU

give us your fish
obey our laws
Then we will talk


UK

No.
Yes, that's about the strength of it, but I wonder if we countered with,

UK

OK, give us the produce of the Dordogne.
English common law is the most widely used in the world, let's use that.
Let's talk.
 
well if they were laughing at the execution of Brexit who else would they be laughing at? Henry Kissinger?
'Quite literally crying with laughter at the UK.' Look, I'm not bothered what they do, but it appears any quips directed back are beyond the pale.
Nah, fuck dat.
 
If primary legislation is passed that is strictly inconsistent with the WA, that will take precedence as a matter of UK Law no matter what the WA says. That’s what parliamentary sovereignty means. It always did mean that, as the Supreme Court discussed in Gina Miller’s case. The courts will strive to construe legislation in a way that is compatible with the WA, because the presumption would be that a Parliament did not intend to act in a way that was incompatible with its international treaty obligations unless it uses clear language to that effect. But if it does, and the legislation says ‘Tis’ where the WA says ‘tisnt’, there is no prospect of any primary legislation being struck down by the courts.

This is not to say this wouldn’t have consequences. If we simultaneously and unilaterally depart from two internationally registered and ratified agreements- the WA and the GFA - many other countries might understandably become far more reluctant to enter into future agreements (like trade deals), but that’s what happens when you put a bunch of liars and chancers in charge of the government.

I disagree, the WA is underpinned by the EU withdrawal act which says that the WA takes precedence over UK law. Parliament does have the ability to write new statutes that specifically override it. This would be highly undemocratic as it would require us to effectively tear up the WA given enacting the agreement was policy #1 in the manifesto of this government.

"The bill provides that the Withdrawal Agreement itself will be enforceable by the UK courts, including after the end of the transition period. This means that the courts will also enforce any rules of EU law incorporated into the Withdrawal Agreement.

In addition, the bill attempts to give the Withdrawal Agreement “supremacy” over UK law, by saying that all domestic enactments have effect “subject to” the provisions which give effect to the agreement. The bill uses exactly the same language to give effect to the Withdrawal Agreement that the European Communities Act 1972 used to give effect to EU law. The most likely outcome of this is that if, in future, Parliament passed a statute inconsistent with the agreement, the courts would disapply the statute in favour of the agreement – unless Parliament explicitly told them to do the reverse.

The bill also “recognises” that Parliament is sovereign, even though some EU law and the agreement itself will have supremacy over statutes passed by Parliament. However, this “parliamentary sovereignty” clause is unlikely to have any legal effect.

The protocol on Northern Ireland, which replaced the “backstop” in the previous Withdrawal Agreement, provides that Northern Ireland will continue to align with some EU rules, in order to avoid a hard border on the island of Ireland.

The bill gives ministers wide powers to implement the protocol by secondary legislation.

Other than that, the bill says very little about how the protocol arrangements will be implemented.

The bill also forbids the government from agreeing anything in the EU in the future that would alter the arrangements for North–South co-operation under the Good Friday Agreement.


https://www.instituteforgovernment.org.uk/explainers/withdrawal-agreement-act
 
I disagree, the WA is underpinned by the EU withdrawal act which says that the WA takes precedence over UK law. Parliament does have the ability to write new statutes that specifically override it. This would be highly undemocratic as it would require us to effectively tear up the WA given enacting the agreement was policy #1 in the manifesto of this government.

"The bill provides that the Withdrawal Agreement itself will be enforceable by the UK courts, including after the end of the transition period. This means that the courts will also enforce any rules of EU law incorporated into the Withdrawal Agreement.

In addition, the bill attempts to give the Withdrawal Agreement “supremacy” over UK law, by saying that all domestic enactments have effect “subject to” the provisions which give effect to the agreement. The bill uses exactly the same language to give effect to the Withdrawal Agreement that the European Communities Act 1972 used to give effect to EU law. The most likely outcome of this is that if, in future, Parliament passed a statute inconsistent with the agreement, the courts would disapply the statute in favour of the agreement – unless Parliament explicitly told them to do the reverse.

The bill also “recognises” that Parliament is sovereign, even though some EU law and the agreement itself will have supremacy over statutes passed by Parliament. However, this “parliamentary sovereignty” clause is unlikely to have any legal effect.

The protocol on Northern Ireland, which replaced the “backstop” in the previous Withdrawal Agreement, provides that Northern Ireland will continue to align with some EU rules, in order to avoid a hard border on the island of Ireland.

The bill gives ministers wide powers to implement the protocol by secondary legislation.

Other than that, the bill says very little about how the protocol arrangements will be implemented.

The bill also forbids the government from agreeing anything in the EU in the future that would alter the arrangements for North–South co-operation under the Good Friday Agreement.


https://www.instituteforgovernment.org.uk/explainers/withdrawal-agreement-act
As far as breaking manifesto promises goes I refer you to every previous govt everywhere, ever. Although it may seem undemocratic to table new statutes / legislation to overide the WA, it's not as undemocratic as allowing the EU to have a say in the running of the UK after we have left. They (and in some respects we) need to realise they have 20-odd other countries they can dictate to now we are one of the 170-something countries in the world that are not EU members.
 
As far as breaking manifesto promises goes I refer you to every previous govt everywhere, ever. Although it may seem undemocratic to table new statutes / legislation to overide the WA, it's not as undemocratic as allowing the EU to have a say in the running of the UK after we have left. They (and in some respects we) need to realise they have 20-odd other countries they can dictate to now we are one of the 170-something countries in the world that are not EU members.
Absolutely fine if we don't want an agreement to cover our post Brexit trading arrangement and if we're all happy with either a hard border being re-introduced in Ireland or EU customs agents monitoring GB/NI trade.
 
Then attack them rather than the entire French nation.
Sigh, no.
We have been called Gammons,and Little Englanders, by people on here, OK, nobody's crying, although if I were to call the French smelly breath, horse munching, perpetual strikers the fits of vapour would be seen for miles.
The French have pejoratives for us, so this is looking like fervent europhiles upset at the name calling of their adored institution, to me.
And it was the Simpsons who first used the one I did, why not get them banned or something if it bothers so much?
 
As far as breaking manifesto promises goes I refer you to every previous govt everywhere, ever. Although it may seem undemocratic to table new statutes / legislation to overide the WA, it's not as undemocratic as allowing the EU to have a say in the running of the UK after we have left. They (and in some respects we) need to realise they have 20-odd other countries they can dictate to now we are one of the 170-something countries in the world that are not EU members.
Exactly this. Giving away territory and accepting foreign laws just to buy and sell stuff is now not on the table, it's utterly ludicrous to expect it to be.
 
So - todays ploy - "threaten them with the collapse of the GFA " is dead in the water already ( no pun intended ) ?

A few of these ferries and goods to the continent from Eire and back can go direct - robbing UK ports of massive volumes of lorries. The only trucks that come here are the ones to deliver here - cue huge half empty lorry parks. Meantime anything trying to get into Eire from Ulster is subject to checks at the border which aren't there now and were promised never to be needed? The GFA hits the rocks and calls for a united Ireland intensify - possibly reviving the troubles. Anything we want to send into the EU is subject to border checks too.

If Biden wins then he and Pelosi are on record as saying if the GFA is threatened they won't be doing a trade deal with the UK Govt responsible for it.

Conclusion. When you think you own a border and can't get the concept somebody owns the other side and is not obliged to do what you want them to do at that border just because you tell them to then you end up announcing meaningless nonsense.


IRELAND...its IRELAND
 
If primary legislation is passed that is strictly inconsistent with the WA, that will take precedence as a matter of UK Law no matter what the WA says. That’s what parliamentary sovereignty means. It always did mean that, as the Supreme Court discussed in Gina Miller’s case. The courts will strive to construe legislation in a way that is compatible with the WA, because the presumption would be that a Parliament did not intend to act in a way that was incompatible with its international treaty obligations unless it uses clear language to that effect. But if it does, and the legislation says ‘Tis’ where the WA says ‘tisnt’, there is no prospect of any primary legislation being struck down by the courts.

This is not to say this wouldn’t have consequences. If we simultaneously and unilaterally depart from two internationally registered and ratified agreements- the WA and the GFA - many other countries might understandably become far more reluctant to enter into future agreements (like trade deals), but that’s what happens when you put a bunch of liars and chancers in charge of the government.
Setting aside the partisan nature of this topic - thank you for being go clear on this matter

Now bringing back my strong position on Brexit - this is why I was saying:

".........I just wonder if there is less going on here which is just a bumbling PM and more the enactment of some quite steely and callous planning

The WA was the product of the depressingly inept May/Robbins leadership and it could just be that when Johnson (Cummings) came to power there was a decision taken to not bother with renegotiation but to just get the fuck out of the EU and then work to unpick the damage to the UK done by May/Robbins by totally dumping the PD and then bringing forward legislation to reduce the impacts of the WA.

Given there is still more than 4 years to run to the next GE I can understand the logic that concludes that we should not waste further time in negotiations with the EU - but just get on with recovery as an independent nation
."

Now 'callous' might seem a strange word to use seeing as I would be delighted to see the aspects of the WA that place the UK under EU controls repudiated/stymied - but I recognise that 'in the scheme of things' the actions to bin the PD and essentially strictly limit the WA would take a level of determination that could be seen as callous - I think that Cummings may have that attribute
 
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Thankfully the powers that be, and most of the citizens, don't believe the self loathing leftists who come out with this nonsense.

That will make the populace start to revise their opinions will it?
A bunch of surrender monkey hacks from a country twatted by Britain time and again, certainly makes us laugh.

Who told you that, Owen Jones?

Do you not live in Ireland? Im probably wrong, but for some reason i was under the impression you actually live in Ireland?/?
 
I disagree, the WA is underpinned by the EU withdrawal act which says that the WA takes precedence over UK law. Parliament does have the ability to write new statutes that specifically override it. This would be highly undemocratic as it would require us to effectively tear up the WA given enacting the agreement was policy #1 in the manifesto of this government.

"The bill provides that the Withdrawal Agreement itself will be enforceable by the UK courts, including after the end of the transition period. This means that the courts will also enforce any rules of EU law incorporated into the Withdrawal Agreement.

In addition, the bill attempts to give the Withdrawal Agreement “supremacy” over UK law, by saying that all domestic enactments have effect “subject to” the provisions which give effect to the agreement. The bill uses exactly the same language to give effect to the Withdrawal Agreement that the European Communities Act 1972 used to give effect to EU law. The most likely outcome of this is that if, in future, Parliament passed a statute inconsistent with the agreement, the courts would disapply the statute in favour of the agreement – unless Parliament explicitly told them to do the reverse.

The bill also “recognises” that Parliament is sovereign, even though some EU law and the agreement itself will have supremacy over statutes passed by Parliament. However, this “parliamentary sovereignty” clause is unlikely to have any legal effect.

The protocol on Northern Ireland, which replaced the “backstop” in the previous Withdrawal Agreement, provides that Northern Ireland will continue to align with some EU rules, in order to avoid a hard border on the island of Ireland.

The bill gives ministers wide powers to implement the protocol by secondary legislation.

Other than that, the bill says very little about how the protocol arrangements will be implemented.

The bill also forbids the government from agreeing anything in the EU in the future that would alter the arrangements for North–South co-operation under the Good Friday Agreement.


https://www.instituteforgovernment.org.uk/explainers/withdrawal-agreement-act

Although you start your post with the words ‘ I disagree’ it does not seem to me that you’re actually disagreeing with me. You accept that an earlier parliament has no power to bind a later Parliament. If the current Parliament decides, notwithstanding anything that is in the WA or the EU withdrawal act, to do something that is contrary to the Act or the WA, that takes precedence over anything that passed before.

Legally, parliament can do what it wants. That’s nothing to do with the merits of the issue or the wider issues surrounding Brexit, it’s just how our constitution works.

Whether it should act in that way is another question entirely.
 
Sigh, no.
We have been called Gammons,and Little Englanders, by people on here, OK, nobody's crying, although if I were to call the French smelly breath, horse munching, perpetual strikers the fits of vapour would be seen for miles.
The French have pejoratives for us, so this is looking like fervent europhiles upset at the name calling of their adored institution, to me.
And it was the Simpsons who first used the one I did, why not get them banned or something if it bothers so much?
Those epithets haven't been applied to the English in general, just the subset of which you are a member.
 
As far as breaking manifesto promises goes I refer you to every previous govt everywhere, ever. Although it may seem undemocratic to table new statutes / legislation to overide the WA, it's not as undemocratic as allowing the EU to have a say in the running of the UK after we have left. They (and in some respects we) need to realise they have 20-odd other countries they can dictate to now we are one of the 170-something countries in the world that are not EU members.

Nonsense. The GE was called and fought over Brexit, specifically ‘to get it done’, to ‘pass the oven ready deal’, if you are happy the Govt simply welshes on all of that nine months later then you are more wedded to the idea of Brexit then the idea of a properly functioning democracy. This fetish for burning everything down and shredding every principle in the pursuit of isolationism is turning this country into a basketcase.

Our proximity to the EU means it will have a say in our affairs because that is the reality of being located next to a trading bloc which operates under a common set of rules that govern trade, regulations, security etc. The UK needs to operate under some of these rules simply to keep the country functioning and that means accepting those rules and that these rules will be adopted into UK law. Accepting EU rules without a say in their formulation is the price of Brexit. To opt out the political decision making was easy, opting out of the economic application of these rules is extremely difficult, extremely costly and as we are finding out next to impossible.

All this angst is the UK crying over the fact that we are subject to rules over which we have no say but that is Brexit. Don‘t to be involved in the political and decision making process, fine, but we cannot escape the effects of the decisions that are made by the EU. Time to stop crying and face the realities of the situation.
 
As far as breaking manifesto promises goes I refer you to every previous govt everywhere, ever. Although it may seem undemocratic to table new statutes / legislation to overide the WA, it's not as undemocratic as allowing the EU to have a say in the running of the UK after we have left. They (and in some respects we) need to realise they have 20-odd other countries they can dictate to now we are one of the 170-something countries in the world that are not EU members.
This is why I have been commenting that there is a need for a 'steely/callous' approach if the damage inflicted by 3 years of May/Robbins is to be unpicked
 
Exactly this. Giving away territory and accepting foreign laws just to buy and sell stuff is now not on the table, it's utterly ludicrous to expect it to be.
We are now a sovereign independent nation again, thanks to Brexit, and we will decide the state aid rules and who gets to fish in our waters.
 
Although you start your post with the words ‘ I disagree’ it does not seem to me that you’re actually disagreeing with me. You accept that an earlier parliament has no power to bind a later Parliament. If the current Parliament decides, notwithstanding anything that is in the WA or the EU withdrawal act, to do something that is contrary to the Act or the WA, that takes precedence over anything that passed before.

Legally, parliament can do what it wants. That’s nothing to do with the merits of the issue or the wider issues surrounding Brexit, it’s just how our constitution works.

Whether it should act in that way is another question entirely.

Well, he does disagree a little bit :)

The language of the WA and the legislation that gives it effect does state that future legislation will be subject to the provisions of the WA and be interpreted in accordance with the WA. The WA legislation is the product of a treaty between two parties so the principle of not allowing unilateral legislation to override it is sound.

In practice a Govt could take the political decision to ignore this and specifically instruct the courts to set aside all aspects of an international agreement if this was challenged, but then once you do that, it allows other countries to do the same with respect to international agreements they sign with us. Spain with Gibraltar for example.

Personally I don‘t see the Govt doing this, make a lot of noise, get as much wriggle room as possible under the protocols, yeah but disavow entirely? No. On the other hand the damage has been done. German news reports are all about how ‘unreliable‘ the UK Govt is, how ‘untrustworthy’ we are. That perception will be difficult to shake off.
 
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