Tuesday 4 October 2016

Brexit - and the death of the UK Parliament

Despite the rhetoric about reviving "parliamentary sovereignty" should Britain vote to leave the EU - it seems that Parliament is now to be relegated to being a mere advisory council - which isn't going to be listened to. The last time we saw that was prior to the civil war of the 1640s!

The Government is insisting upon its (questionable) assertion that triggering Article 50 is solely a matter for the Royal Prerogatative - a claim which is challenged (for a summary of the arguments see the House of Lord's Constitution Committee Report) - http://www.publications.parliament.uk/pa/ld201617/ldselect/ldconst/44/44.pdf

So, if the Prime Minister insists on this, Parliament will be locked out of THE key decision. (And in a worrying sign, the Indication of when Art 50 will be triggered was NOT given to Parliament, but revealed in an interview given to coincide with the Tory Party conference.)

But more bad news is on the horizon - Le Monde is reporting that there will be "un vaste chantier législatif aboutir à un divorce définitif au printemps 2019" (roughly translated - a huge legislative task needed for springtime 2019.) That suggests to the British mind - lots of parliamentary bills leading to primary legislation. But think again, will it be secondary legislation? Pushed through with minimal opportunity for parliamentary scrutiny? (The supposedly weaker French parlement has had to put up with a limited role in legislation - because their Constitution specifically gives the Executive the power to legislate). By a sleight of hand is the Westminster Parliament about to be similarly neutered?

These are questions that need urgently to be answered.

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