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Why the British High Court decision will not derail Brexit

The High Court Judgment does not mean Britain is not going to Brexit. What it means is that because the British Parliament must be consulted Britain may have finally have a proper debate about the sort of Brexit it wants.

Alexander Mercouris

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The British High Court’s ruling that the British government must consult the British Parliament before invoking Article 50 and triggering the Brexit process has convulsed the political scene in Britain with much lurid talk of a constitutional crisis.

The fear – or in the case of some people, the hope – appears to be that because most British MPs are known to have supported Remain, they will somehow use the opportunity of a parliamentary debate to derail the whole Brexit process.

I don’t share this view.  Though the legal and constitutional importance of the High Court’s Judgment cannot be overstated – and will be discussed by legal scholars for generations – I doubt that it will have the political consequences that some people think it will.

Adam Garrie for The Duran has carefully and thoroughly explained the background of the case and how it revolves around how the government was planning to use the Royal Prerogative – ie. its executive powers – to invoke the Article 50 process without consulting Parliament.

Briefly, the government intended to use the Royal Prerogative to invoke the Article 50 process.  Once it had negotiated Britain’s Brexit terms with the other EU states and the EU bureaucracy in Brussels, it then proposed to go to Parliament with legislation to repeal the European Communities Act 1972, which makes British law subordinate to EU law.

The High Court says that this is wrong, since by doing so the government is trying to tie Parliament’s hands, since the result of the negotiation process launched by Article 50 is inevitably a legally binding agreement with the EU for Brexit, which Parliament would not be able change to any important degree even if it wanted to. 

The High Court says that tying Parliament’s hands in this way is unconstitutional, since EU membership affects British citizens’ rights of which Parliament is the constitutional protector.  The High Court said that Parliament’s constitutional role to protect citizens’ rights cannot be ousted by the referendum – as the government sought to argue – since the referendum was purely consultative.

In my opinion this is a very well thought out and carefully considered Judgment delivered by three of the country’s top Judges.  Certainly I do not think this was a politicised Judgment intended to wreck the Brexit process. 

I do not have the constitutional law expertise to say whether this Judgment is right or wrong, or whether it will survive on appeal.  On balance I don’t agree with those who say this Judgment is appeal proof, but neither do I think that the Supreme Court will set it aside.

If the Judgment is upheld, then it will form part of a long succession of Judgments extending all the way back to the Seventeenth Century which define Parliament’s powers and its position in the British constitution. 

It will also set an important precedent for how Article 50 should be invoked in future by any other EU state which is also considering leaving the EU.  This is important since Article 50 has never been invoked before, and there has been great uncertainty about how the process involved in invoking it works.

What I doubt is that this Judgment will derail the Brexit process as some people think.

Though the British government will have to present legislation to the British Parliament in order to get the Article 50 process underway, I have no doubt it will be able to do this and to get this legislation passed when it does. 

Though it is true that most of the members of the British Parliament in the referendum supported Remain, the government has a majority in the House of Commons, and it would surely treat any refusal by Parliament to pass this legislation as a resigning matter. 

What that would mean is that it would threaten to call an election if the legislation were not passed, in which it would campaign as the government that was trying to carry out the will of the people as expressed in the referendum against a recalcitrant Labour opposition and any dissenting Conservatives intent on thwarting it.

With the government already far ahead in the opinion polls, that would create the conditions for a government victory by a landslide, resulting in a government and a Parliament even more committed to the ‘hard’ Brexit outcome than the one we have now.

I cannot imagine that even the most doctrinaire Remain supporters, whether in Parliament or outside it, would be unable to see this, and for that reason I expect the government to get its way.  Probably on especially contentious issues the Labour opposition will abstain after some sort of compromise is forged.

In passing, I also doubt that this Judgment will persuade Theresa May to call an early election, even though there are many Conservatives who want her to capitalise on the Conservative lead in the opinion polls by doing so.  She has consistently ruled out calling such an election, knowing that there is no reason for the moment to call one and that doing so would require a vote in Parliament, and I see no reason why the High Court’s Judgment should change her mind about this.

In my opinion the true political importance of this affair is not in its supposed ability to wreck the Brexit process.  Rather it is in the way it has again smoked Theresa May out.

The reason the government tried to cut Parliament out and sought to invoke Article 50 via the Royal Prerogative was not because it was afraid it might lose in Parliament.  It is – as Adam Garrie has rightly pointed out – because the government still has no plan for Brexit. 

Presenting legislation to Parliament requires the government to spell out such a plan.  That means that the game of obfuscation and delay that Theresa May has been indulging in ever since she became Prime Minister, in which she has tried to conceal her absence of ideas about Brexit by hiding behind the Royal Prerogative, can no longer work.

This is a completely good thing since finally it should make it possible for Britain to have the proper discussion about the sort of Brexit it wants that it sorely needs. 

In summary, this Judgment may be awkward for the politicians, but in my opinion the High Court has done everyone else – including those who support Brexit – a favour.

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Brexit Withdrawal Agreement may lead to Theresa May’s downfall (Video)

The Duran – News in Review – Episode 151.

Alex Christoforou

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The Brexit Withdrawal Agreement has been published and as many predicted, including Nigel Farage, the document is leading to the collapse of Theresa May’s government.

During an interview with iTV’s Piers Morgan, remain’s Alistair Campell and leave’s Nigel Farage, were calling May’s Brexit deal a complete disaster.

Via iTV

Alastair Campbell: “This doesn’t do remotely what was offered…what is the point”

“Parliament is at an impasse”

“We have to go back to the people” …”remain has to be on the ballot paper”

Nigel Farage:

“This is the worst deal in history. We are giving away in excess of 40B pounds in return for precisely nothing. Trapped still inside the European Union’s rulebook.

“Nothing has been achieved.”

“In any negotiation in life…the other side need to know that you are serious about walking away.”

“What monsieur Barnier knew from day one, is that at no point did Theresa May intend to walk away.”

“Fundamental matter of trust to the electors of our country and those who govern us.”

The Duran’s Alex Christoforou and Editor-in-Chief Alexander Mercouris discuss Theresa May’s Brexit Withdrawal Agreement, and why the deal is a full on victory for the European Union and a document of subjugation for the United Kingdom.

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Coming in at 585 pages, the draft agreement will be closely scrutinized over the coming days but here are some of the highlights as outlined by Zerohedge

  • UK and EU to use the best endeavours to supersede Ireland protocol by 2020
  • UK can request extension of the transition period any time before July 1st, 2020
  • EU, UK See Level-Playing Field Measures in Future Relationship
  • Transition period may be extended once up to date yet to be specified in the text
  • EU and UK shall establish single customs territory and Northern Ireland is in same customs territory as Great Britain

The future relationship document is less than seven pages long. It says the U.K. and EU are seeking a free-trade area with cooperation on customs and rules: “Comprehensive arrangements creating a free trade area combining deep regulatory and customs cooperation, underpinned by provisions ensuring a level playing field for open and fair competition.”

The wording might raise concerns among Brexiters who don’t want regulatory cooperation and the measures on fair competition could amount to shackling the U.K. to EU rules.

As Bloomberg’s Emma Ross-Thomas writes, “There’s a clear sense in the documents that we’re heading for a customs union in all but name. Firstly via the Irish backstop, and then via the future relationship.”

Separately, a government summary of the draft agreement suggests role for parliament in deciding whether to extend the transition or to move in to the backstop.

But perhaps most importantly, regarding the controversial issue of the Irish border, the future relationship document says both sides aim to replace the so-called backstop – the thorniest issue in the negotiations – with a “subsequent agreement that establishes alternative arrangements for ensuring the absence of a hard border on the island of Ireland on a permanent footing.”

On this topic, recall that the U.K.’s fear was of being locked into the backstop arrangement indefinitely in the absence of a broader trade deal. The draft agreement includes a review process to try to give reassurance that the backstop would never be needed. Basically, the U.K. could choose to seek an extension to the transition period – where rules stay the same as they are currently – or opt to trigger the backstop conditions. In fact, as Bloomberg notes, the word “backstop,” which has been a sticking point over the Irish border for weeks, is mentioned only once in the text.

As Bloomberg further adds, the withdrawal agreement makes clear that the U.K. will remain in a single customs area with the EU until there’s a solution reached on the Irish border. It’s what Brexiteers hate, because it makes it more difficult for the U.K. to sign its own free-trade deals, which they regard as a key prize of Brexit.

Predictably, EU Commission President Juncker said decisive progress has been made in negotiations.

Meanwhile, as analysts comb over the documents, Jacob Rees-Mogg, chairman of the European Research Group, has already written to Conservative lawmakers urging them to vote against the deal. He says:

  • May is handing over money for “little or nothing in return”
  • The agreement treats Northern Ireland differently from the rest of the U.K.
  • It will “lock” the U.K. into a customs union with the EU
  • It breaks the Tory election manifesto of 2017

The full document…

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4 resignations and counting: May’s government ‘falling apart before our eyes’ over Brexit deal

The beginning of the end for Theresa May’s government.

The Duran

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Via RT


Four high profile resignations have followed on the heels of Theresa May’s announcement that her cabinet has settled on a Brexit deal, with Labour claiming that the Conservative government is at risk of completely dissolving.

Shailesh Vara, the Minister of State at the Northern Ireland Office was the first top official to resign after the prime minister announced that her cabinet had reached a draft EU withdrawal agreement.

An hour after his announcement, Brexit Secretary Dominic Raab – the man charged with negotiating and finalizing the deal – said he was stepping down, stating that the Brexit deal in its current form suffers from deep flaws. Esther McVey, Secretary of State for Work and Pensions, submitted her letter of resignation shortly afterwards. More resignations have followed.

Labour’s shadow Cabinet Office minister, Jon Trickett, predicted that this is the beginning of the end for May’s government.

The government is falling apart before our eyes as for a second time the Brexit secretary has refused to back the prime minister’s Brexit plan. This so-called deal has unraveled before our eyes

Shailesh Vara: UK to be stuck in ‘a half-way house with no time limit’

Kicking off Thursday’s string of resignations, Vara didn’t mince words when describing his reservations about the cabinet-stamped Brexit deal.

Theresa May’s EU withdrawal agreement leaves the UK in a “halfway house with no time limit on when we will finally become a sovereign nation,” his letter of resignation states. Vara went on to warn that the draft agreement leaves a number of critical issues undecided, predicting that it “will take years to conclude” a trade deal with the bloc.

“We will be locked in a customs arrangement indefinitely, bound by rules determined by the EU over which we have no say,” he added.

Dominic Raab: Deal can’t be ‘reconciled’ with promises made to public

Announcing his resignation on Thursday morning, Brexit Secretary Dominic Raab tweeted: “I cannot in good conscience support the terms proposed for our deal with the EU.”

Raab claimed that the deal in its current form gives the EU veto power over the UK’s ability to annul the deal.

No democratic nation has ever signed up to be bound by such an extensive regime.

Former Conservative Party leader Iain Duncan Smith said that Raab’s resignation as Brexit secretary is “devastating” for May.

“It sounds like he has been ignored,” he told the BBC.

Raab’s departure will undoubtedly encourage other Brexit supporters to question the deal, political commentators have observed.

Esther McVey: Deal ‘does not honor’ Brexit referendum

Work and Pensions Secretary Esther McVey didn’t hold back when issuing her own letter of resignation. According to McVey, the deal “does not honour” the result of the Brexit referendum, in which a majority of Brits voted to leave the European Union.

Suella Braverman: ‘Unable to sincerely support’ deal

Suella Braverman, a junior minister in Britain’s Brexit ministry, issued her resignation on Thursday, saying that she couldn’t stomach the deal.

“I now find myself unable to sincerely support the deal agreed yesterday by cabinet,” she said in a letter posted on Twitter.

Suella Braverman, MP Parliamentary Under Secretary of State for the Department for Exiting the EU © Global Look Press / Joel Goodman
Braverman said that the deal is not what the British people voted for, and threatened to tear the country apart.

“It prevents an unequivocal exit from a customs union with the EU,” she said.

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Five Saudis Face Death Penalty Over Khashoggi Killing; Crown Prince Cleared

According to the Saudi prosecutor, five people charged are believed to have been involved in “ordering and executing the crime.”

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Via Zerohedge


Saudi Arabia public prosecutor Sheikh Shaalan al-Shaalan said on Thursday that the kingdom will seek the death penalty for five suspects among the 11 charged in the killing of journalist Jamal Khashoggi, confirming suspicions that members of the murder squad purportedly sent to “interrogate” Khashoggi will now themselves face beheadings as the Saudi Royal Family closes ranks around the Crown Prince, per the FT.

As for Mohammed bin Salman who runs the day to day affairs of the world’s top oil exporter and is the de facto head of OPEC, the prosecutor said had “no knowledge” of the mission, effectively absolving him of any domestic suspicion, if not international.

The charges were handed down after the kingdom dismissed five senior intelligence officers and arrested 18 Saudi nationals in connection with Khashoggi’s disappearance. The Saudi insider-turned-dissident journalist disappeared on Oct. 2 after entering the Saudi Arabian consulate in Istanbul to pick up documents that would have allowed him to marry his fiance. Khashoggi was a legal resident of Virginia.

According to the Saudi prosecutor, five people charged are believed to have been involved in “ordering and executing the crime,” according to CNN.

The prosecutor said that the former Saudi deputy intelligence chief, Ahmed al-Assiri, ordered a mission to force Khashoggi to go back to Saudi Arabia and formed a team of 15 people.

They were divided into three groups, the Saudi Public Prosecutor said: a negotiation team, an intelligence team and a logistical team.

It was the head of the negotiating team who ordered the killing of Khashoggi, the prosecutor said.

The Saudis stuck by latest (ever changing) narrative that the Washington Post columnist was killed after a mission to abduct him went awry. The deputy chief of intelligence ordered that Khashoggi be brought back to the kingdom, Shaalan said. The team killed him after the talks failed and his body was handed to a “collaborator” in Turkey, he said.

Asked whether Saud al-Qahtanti, an aide to Prince Mohammed, had any role in the case, Shaalan said that a royal adviser had a coordinating role and had provided information. The former adviser was now under investigation, the prosecutor said, declining to reveal the names of any of those facing charges.

Al-Shaalan did reveal that a total of 21 suspects are now being held in connection with the case. Notably, the decision to charge the 5 comes after National Security Advisor John Bolton repudiated reports that a recording of Khashoggi’s murder made by Turkish authorities suggested that Crown Prince Mohammad bin Salman was behind the murder plot.

But as long as OPEC+ is planning to do “whatever it takes” to boost oil prices, the US’s willingness to give the Saudis a pass could always be tested if crude prices again turn sharply higher.

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