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To believe that the Brexit will fail on legal grounds?

(102 Posts)
MojitoMadame Mon 27-Jun-16 10:14:52

It seems that under the European Union Act 2011, a Brexit will require not only a referendum but also an act of parliament to implement the decision and, given that apparently 75% of MPs were in the remain camp and will be free to vote as a matter of conscience, I cannot see the relevant legislation being passed.

So, in the words of Mark Twain, 'Reports of my death are greatly exaggerated'!

Tollygunge Mon 27-Jun-16 10:16:29

I hope you're right, I really do, but will MP's of places where their constituents voted overwhelmingly to leave ignore the will of the people???

bearleftmonkeyright Mon 27-Jun-16 10:17:36

I think most MPs will vote in line with the wishes of their constituents. They would be foolish not too or they would not hold their seats. I say this as a staunch remained, gutted at this outcome.

MaryPoppinsPenguins Mon 27-Jun-16 10:18:15

I really really hope I will, but I can't see it happening. There would be uproar.

It's such a tiny margin though, it doesn't feel like it should be allowed to happen when basically half of us don't want to leave.

angelos02 Mon 27-Jun-16 10:19:55

Well what a waste of fucking time and money the whole referendum was then? The country has voted. We are a democracy.

What next? Just keep having referendums until the establishment get what they want? Disgusting.

Somerville Mon 27-Jun-16 10:22:57

I don't think it will 'fail' but they're bottling it with triggering Article 50, so the signs are good that we'll negotiate an -in-the-EU-in-all-but-name deal something like Norways. Which will incense many of those who voted leave but will hopefully stop the peace process ending in NI and stop Scotland leaving.

bearleftmonkeyright Mon 27-Jun-16 10:24:36

That has got to be a priority hasn't it? Keeping a United Kingdom. Brexit will have failed otherwise.

glenthebattleostrich Mon 27-Jun-16 10:24:54

So you think that because you don't like the results the people we elected to represent our views in parliament should ignore the results.

In my area it was 66% leave. You don't think it would be career suicidet o ignore this ?

HisNameWasPrinceAndHeWasFunky Mon 27-Jun-16 10:26:11

Absolutely hope you are right OP

Floisme Mon 27-Jun-16 10:26:29

I think the referendum is a fuckup that will hurt us for generations to come. I also think ignoring it would play straight into the hands of the far right and god alone knows where that might end up.

hilbil21 Mon 27-Jun-16 10:27:32

I'm guessing ever MSP will want to remain mind you.....

PansyGiraffe Mon 27-Jun-16 10:27:40

Looking at the European Union Act 2011 quickly I don't think it does - it specifies certain big decisions (like adopting the Euro as our currency) which require an Act and a referendum but I cannot see the decision to leave listed? Where is it?

MsVestibule Mon 27-Jun-16 10:28:12

Sadly, I don't think this will happen. What would be the point of a referendum if MPs then just voted how they wanted?

Referendums should need a clear majority, e.g. 60%, and a voter turnout of 75%+ before the change can be made. Less than 50% of the voting population want this massive change, but we're all stuck with it.

marcopront Mon 27-Jun-16 10:29:31

The votes aren't being reported by parliamentary constituency though. How will each of the individual Birmingham MPs for example know how their constituents voted.

minipie Mon 27-Jun-16 10:29:33

I agree with you Somerville. Boris has pretty much said that's what he'll be aiming for link. Note the references to free trade continuing and UK people still being able to travel and live freely in the EU (the obvious corollary is that EU citizens will be able to travel and live freely here).

minipie Mon 27-Jun-16 10:30:43

Of course that all depends on the EU being willing to agree to an "EU in all but name" deal... which they may not, for fear of setting a precedent.

MotherOfDragons27 Mon 27-Jun-16 10:30:48

This should never have been put in the hands of the public in the first place.

Somerville Mon 27-Jun-16 10:33:47

It does depend on the EU, I agree minipie. I'm a bit nervous. But if we agree to continue freedom of movement then I suspect that we'll be allowed.

MojitoMadame Mon 27-Jun-16 10:34:32

I didn't express a view but my view is that if half of the UK ie Scotland and NI want to remain in (plus Gibraltar), then I don't see the result as a clear mandate (or a mandate at all) to leave.

If I were an MP, which I am happy to say I am not, I would not put my career first over an issue as important as this, but would vote with my conscience.

And to Pansy, don't you think this counts as 'a big decision'?

TanTanNubuck Mon 27-Jun-16 10:36:01

I was talking to friends yesterday and was telling them I have a strong feeling that this won't go through, for one reason or another.

Can someone help me out with the constituency talk please as I'm quite puzzled by it and think the referendum was administered in different ways around the country.

My MP would have quite a challenge trying to decide how her own constituents voted, as in the referendum our area was not delineated into our parliamentary constituencies anyway.
There were four different constituencies combined, two of the four MPs are Labour, my own MP is Tory. The fourth constituency was divided between my area and a neighbouring area.

minipie Mon 27-Jun-16 10:36:37

Hope so Somerville!

caitlinohara Mon 27-Jun-16 10:38:22

So what, you think we'll just turn up in Brussels, wave our arms and say "ha ha! Just kidding!"?

Showmethewaytogohome Mon 27-Jun-16 10:38:35

If that is correct then there is a possibility that it would not pass - 52% vs 48% of those who voted on the day. If you look at the splits amongst parties Torys have 42% for remain

If I was a Tory on the verge on a GE with a hated leadership I would listen to my constituents on this. And the Labour party just need to (wo)man up

Floisme Mon 27-Jun-16 10:39:36

I agree that an 'EU in all but name' deal is the very best we can hope for but I don't share your optimism that we'll get it. And even if we do, it will bring its own problems because that isn't what a lot of people voted for and the far right will have a field day mopping up.

Showmethewaytogohome Mon 27-Jun-16 10:40:34

cait would you rather we destroy ourselves? Strange. If you have a plan on getting out of this mess I'm all ears

'Once more unto the Breach dear boys' isn't a plan btw

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