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Brexit

Westminstenders: Erskine Mayhem

999 replies

RedToothBrush · 19/03/2019 09:55

John Bercow has stepped in. We've long made the point, that the position of Speaker was utterly crucial to the outcome of Brexit. However this ruling was long warned as a possibility. It was somewhat overlooked by all (including me).

We are now faced with the bizarre narrative that May was just about to be able to get her deal through, and it's now simply Bercow who has tried to sabotage Brexit.

The reality is that his ruling has the effect of making BOTH no deal And a lengthy extension (possibly with a PV) much more likely.

May now has to embrace one of these option (by accident or design) or find a way to substantially change the terms of her deal as put to the Commons, either through negotiation with the EU or bolting something significantly different to her deal like a variation of the Kyle Amendment (a PV based on her deal or remain). Or find a majority to overturn the standing order that Bercow has cited as the reason for his block.

This block also might apply to the Benn amendment (indicative votes) or other PV amendments. Which could equally be problematic going forward.

In reality Bercow has upped the stakes and forced May to do something meaningful rather than simply holding a gun to MPs heads to vote. Hurrah for parliamentary Sovereignty and limiting the abuse of power of the executive!?!

It's a completely neutral move in practice. The HoC has tied itself in knots with how it's voted for political reason rather than for the national interest. The British Constitution has just stood up for itself. Bercow is just a useful target to blame for the incompetence of the entire house for the last 3 years.

The billion pound question this morning is where does that now leave us?

The honest answer is I'm damned if I know.

Maybe the EU will come up with a magic bullet for May, maybe the Cabinet can come up with a magic bullet, maybe May will take the political magic bullet of a long extension or revocation or maybe we'll just all shoot ourselves in the head and foot with no deal.

I have no idea.

10 days to go.

Westminstenders: Erskine Mayhem
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SusanWalker · 19/03/2019 21:19

Just think if I'd stayed at DEFRA (or MAFF as it was). I could be dealing with all this shit and have Gove as head of department. Lucky escape there.

OhYouBadBadKitten · 19/03/2019 21:19

So really we don't know if we are still going to be doing this in two years time, or crashing out next Friday.

GD12 · 19/03/2019 21:21

Steve Swinford on Twitter reporting operation Yellowhammer is to start on Monday with their command and control taking over. This is it.

GD12 · 19/03/2019 21:22

^^If extension not agreed over the weekend. Which it won't be.

BigChocFrenzy · 19/03/2019 21:23

The govt can certainly be taken to court if it tries to No Deal and would face whatever legal sanctions are available

  • didn't seem to be any when May was in Contempt of Parliament

However, the govt getting itself in to a constitutional crisis / ignoring the Constitution through sheer incompetence & arrogance isn't normally a get-out clause in international treaties

The ECJ said the EU can't expel members, but a constitutional crisis caused by incompetence of the leaving country isn't expulsion.
It's just suicide

Still, if this legal opinion has merit, then we need these lawyers to bring an emergency court case now, as there is barely time for the ECJ to consider the matter before 29 March and give its opinion.

I wonder if EU lawyers have looked at this

DGRossetti · 19/03/2019 21:24

I wonder if EU lawyers have looked at this

Like the Federation, the EU has a Prime Directive of not interfering in planets developments ...

BigChocFrenzy · 19/03/2019 21:34

More legal issues:

‘Exit day’ in UK law will need to be changed by Statutory Instrument in the last week of March, if the UK and EU agree an extension to the Article 50 period beyond its default 29 March expiry date.

https://www.hansardsociety.org.uk/blog/changing-eu-exit-day-by-statutory-instrument

Robert Peston@Peston

Here is a very learned legal blog which shows that the UK could find itself in the grip of legal chaos or in breach of its international treaty obligations
if the government does not on Monday start the process to amend the EU Withdrawal Act so that EU exit day is no longer...

29 March.

There are two big problems with doing that.

1) EU is signalling it will almost certainly NOT have agreed to delay Brexit by then (see my note of earlier today
(link: https://www.itv.com/news/2019-03-19/can-pm-find-out-what-brexit-mps-want-next-week/)

  1. Tory and other Brexiters will go nuclear if May simply removes from the... Withdrawal Act a date for repealing the European Communities Act, in the absence of the EU agreeing a new date, because they will fear that means UK will never actually Brexit.

This is the kind of scenario in which there could be a no-deal Brexit on 29 March by accident...

I am not kidding. Brexit is a mess that only gets messier.

We have all got to hope @theresa_may and her advisers are aware of this looming legal cliff edge and have a cunning plan. < GULP >

I don’t think EU leaders will take kindly to being told...
they have to agree a new Brexit date this coming Thursday or else.

TatianaLarina · 19/03/2019 21:35

Thanks for posting that, I read it earlier and didn’t have time.

SparklySneakers · 19/03/2019 21:36

I'm off to eat kitkats 😩

lonelyplanetmum · 19/03/2019 21:37

Apparently Italy is going to veto any extension as a favour to Farage.

Two years ago I would have told DH off for being a conspiracy theorist if he said what I'm about to say.

NF and Arron Banks did a joint trip to Italy to try and secure a veto didn't they. This is factually accurate I believe.

Do we think money exchanged hands?

borntobequiet · 19/03/2019 21:38

A monster turnout on Saturday should focus a few minds.

RedToothBrush · 19/03/2019 21:39

Laura Kuenssberg @bbclaurak
Number 10 indicates PM extension letter will definitely be sent tmrw

Don't worry there's plenty of time Theresa.

Fuck. Fuck. Fuck. Fuck. Fuck.

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SparklySneakers · 19/03/2019 21:39

I hope she's not relying on the postal system Confused

BigChocFrenzy · 19/03/2019 21:40

Oh bloody hell, we are in a legal & constitutional mess, facing imminent economic meltdown and we've pissed off our closest neighbours & main trading partner

All we need now is for the Tories to decide to distract everyone with a short sharp war in the ME or South America ....

RedToothBrush · 19/03/2019 21:40

Nicholas Watt @nicholaswatt
On @BBCNewsnight tonight: Brexit cabinet ministers met tonight to discuss next steps after Theresa May failed to make decision in cabinet on what type of article 50 she will request

Am told there were residual concerns among Brexit ministers after this morning’s cabinet: Theresa May gave a flavour of her thinking on article 50 extension but no decision was made

Residual concerns?

Mine are not exactly residual.

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Holidayshopping · 19/03/2019 21:41

Why would she send a letter and why would she wait and send it tomorrow?

Has she not heard of emails? Are we not in a bit of an emergency situation-why can’t she just email everyone now??

GD12 · 19/03/2019 21:43

Doesn't really matter when the letter is sent as they'll discuss it at the EU meeting on Thursday. The big, news will come after that on Thurs eve when they'll give a read out of what was said at it.

lonelyplanetmum · 19/03/2019 21:43

extension letter will definitely be sent tmrw

So I'll post gin flavoured chocolate ( is I can find any) to the person who gets the closest wording for the I require an extension because paragraph.

GD12 · 19/03/2019 21:43

I say that in that it'll be there by Thursday. So today or tomorrow doesn't really matter.

OogieMcBoogie · 19/03/2019 21:44

GD12 what is operation Yellowhammer?

RedToothBrush · 19/03/2019 21:45

Brexshit Creek

Westminstenders: Erskine Mayhem
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BigChocFrenzy · 19/03/2019 21:45

Ever since that John Bull thread about Grayling EMing just the envelope for Revoke,
I've been really nervous about the govt screwing up vital notifications - they've screwed up everything else !

Maybe a last minute Revoke, but forgetting that Brussels is one hour ahead of us ...

At least with this extension, if the notiification goes astray, May will be meeting them Thursday - Friday, so it can still be rescued

RedToothBrush · 19/03/2019 21:45

what is operation Yellowhammer?

You don't want to no

it's the no deal emergency contingency kicking in

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GD12 · 19/03/2019 21:47

OogieMcBoogie The operation for a no deal Brexit. Civil contingencies act, troops on the streets etc. It seems it'll start on Monday with the begining of the command and control centre.

BigChocFrenzy · 19/03/2019 21:47

Boogie The contingency planning for no-deal is codenamed "Operation Yellowhammer"