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Brexit

A thousand lawyers send letter to Cameron over EU Referendum

338 replies

BrexitThunderbolt · 11/07/2016 09:34

It starts:
TO THE PRIME MINISTER AND ALL MEMBERS OF PARLIAMENT

9 July 2016

Dear Prime Minister and Members of Parliament

Re: Brexit

We are all individual members of the Bars of England and Wales, Scotland and Northern Ireland. We are writing to propose a way forward which reconciles the legal, constitutional and political issues which arise following the Brexit referendum.

The result of the referendum must be acknowledged. Our legal opinion is that the referendum is advisory.

The European Referendum Act does not make it legally binding. We believe that in order to trigger Article 50, there must first be primary legislation. It is of the utmost importance that the legislative process is informed by an objective understanding as to the benefits, costs and risks of triggering Article 50.

link to the whole letter here

I am particularly pleased to see this included in their reasons for writing as they do:
There is evidence that the referendum result was influenced by misrepresentations of fact and promises that could not be delivered.

Since the result was only narrowly in favour of Brexit, it cannot be discounted that the misrepresentations and promises were a decisive or contributory factor in the result.

OP posts:
PigletJohn · 11/07/2016 20:20

"Mrs. May has said she will serve notice when she is assured of a better deal for the UK. "

When did she say that? I have been looking for a quote and not found it.

UnderTheGreenwoodTree · 11/07/2016 20:20

David Lammy made that point to the House of Commons today, Peregrina.

Theresa May will, I hope, have a steady hand here - ensure every thing is totally and legally watertight before going ahead on Article 50 hopefully never.

I mentioned about Brown's 5 economic tests on another thread, it's a good point. I don't see why the PM should go ahead and trigger A50 if we as a country are going to be demonstrably worse off.

whydidhesaythat · 11/07/2016 20:30
A4Document · 11/07/2016 20:32

would they please exempt me and my children from the consequences.

If only those who didn't want Britain in the EU in the first place had had that choice.

BrexitThunderbolt · 11/07/2016 20:34

Huppo a big fat thank you from me, too!

OP posts:
whydidhesaythat · 11/07/2016 20:36

I have seen consequences every day since 24th June, particularly for science and the universities.

This is why we need to be a bit cleverer. To learn more and patronise less. This letter is a distraction. If a court rules that a notice is procedurally flawed, the Government will simply follow a different procedure. Whereas if those with power truly don't want to leave, they will try to find a way.

Huppopapa · 11/07/2016 20:39

Try this PigletJohn. It wasn't difficult to find. She wants to ensure a good deal for us before she starts formally to disengage. Seems fairly unambiguous. www.standard.co.uk/news/politics/brexit-exclusive-theresa-may-demands-early-talks-on-britain-leaving-the-eu-a3288141.html
And whydid: I'm speaking only of the Bar. There's no reason why the Law Society couldn't do likewise but as it's something like ten times bigger it's more difficult to mobilise quickly. We did what we could as quickly as we could. I'm sorry if you think it's an exclusively South Eastern initiative. It isn't.

Peregrina · 11/07/2016 20:40

If only those who didn't want Britain in the EU in the first place had had that choice.

In a sense they did have. Heath was elected in 1970 and took us in. The 1970 election was the first I voted in, and Labour were expected to win. Labour at the time were against the EEC as it then was, so had more people voted Labour it could be assumed that Britain's entry wouldn't have happened, or at least not until much later.

It was BTW the first election where they held an exit poll. The normal polls had been predicting a Labour win; the exit poll, taken in Gravesend, chosen as being the most typical place, showed a win for the Conservatives. Harold Wilson's extending the franchise to those of 18 and over didn't work in his favour.

whydidhesaythat · 11/07/2016 20:42

Huppo, England thinks the EU is a south east initiative.
that is the problem.

Christ, if only the article 50 mechanism was the problem, if only that was the game.

PigletJohn · 11/07/2016 20:44

Huppopapa

I have looked at your link, but not found it. I have already listened to her little speech. I have not found "Mrs. May has said she will serve notice when she is assured of a better deal for the UK. "

Where is it?

MajesticWhine · 11/07/2016 20:53

I believe parliament should be required to approve brexit. The referendum should not override the power of parliament. However morally MPs should not vote against what has been decided by their constituents. So they should approve the exit. I don't want Brexit to happen and I am all in favour of the conspiracies and whatever dark arts can prevent it. But I doubt that it can be prevented like this. May has said brexit means brexit. I sincerely hope she is lying through her teeth, but I think she means it.

Lighteningirll · 11/07/2016 20:56

So many vested interests seeking ways to overturn the results unbelievable that you can't see that this sort of arrogant behaviour, utterly ignoring people's concerns and now democratically demonstrated wishes is wrong.

whydidhesaythat · 11/07/2016 21:03

I agree with Majestic

whydidhesaythat · 11/07/2016 21:05

Sadly Lightening is right.

This is just a more "don't you know who I am?" version of the petitions (which I signed...)

ButteredToastAndStrawberryJam · 11/07/2016 21:13

So many vested interests seeking ways to overturn the results unbelievable that you can't see that this sort of arrogant behaviour, utterly ignoring people's concerns and now democratically demonstrated wishes is wrong. Oh they know, they just don't give a shit.

Huppopapa · 11/07/2016 21:13

Parliament votes as the members perceive the good of the country, full stop. There's been no change to that so importing morality into the process of making law is wrong in principle. They are NOT bound by a referendum.
The moral dimension IS engaged though in the issue raised by whydid and others about much of the UK not feeling Europe is about them. Yes, EU money has poured into Cornwall, the Valleys and former industrial areas but that doesn't mean those areas feel involved. To me, more devolution is needed though my sister in Bradford disagrees, so go figure!

scaryteacher · 11/07/2016 21:22

I am disappointed that people should be offended by the suggestion that the future of this country for the next hundred years should just be rammed through when it is not clear that that would be legal. Yet, Brown signed Lisbon, when that should have been put to a referendum.
news.bbc.co.uk/2/hi/uk_news/politics/7212876.stm

Huppopapa · 11/07/2016 21:24

Am I a vested interest Lighteningirll? What vested interest does a Legal Aid and voluntary children's lawyer have in wanting the country to respect the rule of law? How does that exclude you? You want your country back? You want parliament to be in charge? So what's the problem?
It's so easy to say "Oh no-one listens to me", "It's a conspiracy" or "It's all vested interests." But it's rarely true. You can make a difference. Voting once in a stupidly reductionist referendum on a vastly complicated question doesn't begin to scratch the surface.

shinynewusername · 11/07/2016 21:25

I hope Theresa May respects that promise that Brexit means Brexit as much as the Leavers intended to honour their promise re. £s for the NHS, a wonderful economy, etc

Hear, hear.

KimmySchmidtsSmile · 11/07/2016 21:31

Doubt anything can come of this. Sorry. I was one of the legit people who signed the protest petition. Got the reply from government recently which was pretty much Too bad, so sad, bye bye.

Huppopapa · 11/07/2016 21:32

What do two wrongs not make Scary? You think Lisbon was wrong so you think changing the country forever should be done wrongly too? Scary!

UnderTheGreenwoodTree · 11/07/2016 21:33

Theresa May has an absolute responsibility to ensure the rule of Law is followed before triggering such a monumental and irreversible constitutional change as Article 50. The Chilcot Inquiry has served as an important reminder of that.

scaryteacher · 11/07/2016 21:44

The point was Huppo that you now protest about us being taken out of an institution that we didn't get the chance to vote about joining, as the EU as it now stands was instituted by the Lisbon Treaty. That changed the country forever, or had the potential to. We now have the opportunity to reverse that mistake.

You should also be aware that nothing is 'forever', so cut the hyperbole.

Alisvolatpropiis · 11/07/2016 22:01

People democratically exercised their right to vote in an advisory referendum.

It beggars belief that anybody really believed it would a be a case of packing up our toys and shouting "toodle pip" to the EU as we retreated back to our small island.

crossroads3 · 11/07/2016 22:11

^ this

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