Rosie's Brexit Diary
2 December 2018
Theresa May is acting beyond her authority, as we all suspected
Theresa May’s activities have not been honest - and they are not legal either. She does not have the legal right to create the “Withdrawal Agreement” neither in domestic British law nor in international law.
With our thanks to Bill Cash for his loyalty to truth, to the rule of law, and to Parliamentary Democracy. Bill Cash is the MP for Stone in Staffordshire and, now 78 years old, still works tirelessly for the people of Britain and of the world (for example, he works with WaterAid), drawing on his wealth of experience, training and education. The following is a precis of his article for the Daily Telegraph entitled "Theresa May's Brexit deal is illegal and must be stopped", published 1 December 18 .
Bill Cash says:”We are in the midst of a constitutional crisis. The European issue has always been about sovereignty. It is ultimately about who governs us and how.”
Theresa May has ignored Parliamentary procedures.
Theresa May has ignored the established conventions of collective responsibility, the Ministerial Code, the Cabinet Manual, and the Civil Service Code. These had previously stood the test of time in the interests of good governance and stability within the rule of law.
Former ministers, including the former Brexit Secretaries David Davis and Dominic Raab, were either “bypassed” or “hoodwinked”, with ministers frequently not receiving papers until the last minute.
Theresa May has not sought legal advice in good time and is refusing to publish the advice that she has received. Various political groupings are currently trying to force her to publish to Parliament the legal advice on the ‘Withdrawal Agreement’ - and yet she still expects MPs to vote it into law.
The ‘Withdrawal Agreement’ contradicts the Withdrawal Act 2018.
The Withdrawal Act, enacted on 26th June, converts all EU law into British law and makes the entire European Communities Act 1972 null and void from 29th March 2019.
But under the ‘Withdrawal Agreement’ (which is a treaty) the 1972 Act will basically remain in place.
Had the Prime Minister sought legal advice she must have been told that this mere treaty cannot override the repeal of the 1972 Act. This is a ‘manifest violation’ of our fundamental constitutional arrangements because Acts of Parliament take precedence over treaty-making prerogative.
The Vienna Convention makes the Withdrawal Agreement invalid. From Wikipedia “The Vienna Convention on the Law of Treaties (VCLT) is a treaty concerning the international law on treaties between states. It was adopted on 23 May 1969 and opened for signature on 23 May 1969. The Convention entered into force on 27 January 1980"
Under the Vienna Convention “manifest violations” of domestic law make treaties invalid.
The ‘Withdrawal Agreement’ is a treaty (a legal contract between nations). To create this treaty Theresa May has to breach British law and constitution. Under the Vienna Convention this treaty is therefore invalid.
The problem we face is: who is going to enforce British domestic law? And who is going to uphold the Vienna Convention? At present, the answer to both questions appears to be “nobody”.
So there we have it. This, in practice, is what “leading beyond authority” actually entails - the dear leader ignores all traditions, ignores all convention, ignores the law of the land, and ignores top-grade international agreements - and does it her way. And forces that on the rest of us.
What future are we looking at? Either anarchy or tyranny.
We could avoid both by a return to Parliamentary Democracy.
March for Democracy, independence and peace on December 9th in London.
Wear green, keep a careful lookout for planted trouble-makers, keep your arms down and be there.