m***@btopenworld.com
2019-09-07 12:08:28 UTC
What has the remain camp achieved?
They have taken over control of the procedures of parliament which means that they can pass any legislation they like.
The time is now right to look at their limitations.
They are *not* the government of this country. The government of this country sits around the cabinet table in Downing Street. These Remainers have no seat at this table. Neither are they privy to what is said or decided there.
A primary role of Parliament is to hold the government executive to accounts. Holding them to account does not mean replacing government. The only ultimate way in which a government can be replaced is either when its term comes to an end or (under the Fixed Parliamentary term Act) which would require the HoC to pass a motion of no confidence or fail to support a motion of confidence in th incumbent government by a 2/3 majority.
There are 650 MPs in the HoC and so this would translate into a majority of 433. Of those 289 are Tory held. 433-289 = 144 votes needed with a potential 56 non Labour votes available. This calculation includes 7 Sinn Fein votes. Sinn Fein simply does not participate in the UK HoC. The speaker does not vote except in the event of a tie in which case traditionally he votes in favour of the the motion under discussion.
In short without Tory cooperation it is impossible to dissolve Parliament It is also impossible to postpone dissolution until "a time of their choosing" That is the very point of the 2/3 majority rule.
Forget defectors! Most of them at least are toast at the next election whenever it comes.
Being "in control of Parliament" does not include right of an ad hoc opposition to dictate government action. Parliament has no more right to instruct Boris Johnson to do this, that or the other than they have to instruct me.
Like all other ministers, he is a Minister of the Crown and not of Parliament. Within the limits of this capacity, he can do as he likes.
This brings us to the question of default
What happens if Boris goes to Brussels and, as seems likely, fails to arrive at an agreement that is substantially different to that already on the table, endorsed by the EU as the last word on the matter and already been rejected 3 times by the HoC. Brexiteers and Remainers alike.
Fortunately the Treaty of Lisbon is quite clear on this:
"The Treaties shall cease to apply to the State in question from the date of entry into force of the withdrawal agreement or, *failing that*, two years after the notification referred to in paragraph 2, unless the European Council, in agreement with the Member State concerned, unanimously decides to extend this period."
If that is not a default position I don't know what is!
The ToL is an international Treaty seriously entered into by this country's government. You can't muck it around by revocations or pretending we didn't enter into it.
Further "If a State which has withdrawn from the Union asks to rejoin, its request shall be subject to the procedure referred to in Article 49."
In other words, start from scratch.
So if I were Boris that's the card I would be playing No power on earth can make him enter into any agreement with the EU government
I wonder ...
They have taken over control of the procedures of parliament which means that they can pass any legislation they like.
The time is now right to look at their limitations.
They are *not* the government of this country. The government of this country sits around the cabinet table in Downing Street. These Remainers have no seat at this table. Neither are they privy to what is said or decided there.
A primary role of Parliament is to hold the government executive to accounts. Holding them to account does not mean replacing government. The only ultimate way in which a government can be replaced is either when its term comes to an end or (under the Fixed Parliamentary term Act) which would require the HoC to pass a motion of no confidence or fail to support a motion of confidence in th incumbent government by a 2/3 majority.
There are 650 MPs in the HoC and so this would translate into a majority of 433. Of those 289 are Tory held. 433-289 = 144 votes needed with a potential 56 non Labour votes available. This calculation includes 7 Sinn Fein votes. Sinn Fein simply does not participate in the UK HoC. The speaker does not vote except in the event of a tie in which case traditionally he votes in favour of the the motion under discussion.
In short without Tory cooperation it is impossible to dissolve Parliament It is also impossible to postpone dissolution until "a time of their choosing" That is the very point of the 2/3 majority rule.
Forget defectors! Most of them at least are toast at the next election whenever it comes.
Being "in control of Parliament" does not include right of an ad hoc opposition to dictate government action. Parliament has no more right to instruct Boris Johnson to do this, that or the other than they have to instruct me.
Like all other ministers, he is a Minister of the Crown and not of Parliament. Within the limits of this capacity, he can do as he likes.
This brings us to the question of default
What happens if Boris goes to Brussels and, as seems likely, fails to arrive at an agreement that is substantially different to that already on the table, endorsed by the EU as the last word on the matter and already been rejected 3 times by the HoC. Brexiteers and Remainers alike.
Fortunately the Treaty of Lisbon is quite clear on this:
"The Treaties shall cease to apply to the State in question from the date of entry into force of the withdrawal agreement or, *failing that*, two years after the notification referred to in paragraph 2, unless the European Council, in agreement with the Member State concerned, unanimously decides to extend this period."
If that is not a default position I don't know what is!
The ToL is an international Treaty seriously entered into by this country's government. You can't muck it around by revocations or pretending we didn't enter into it.
Further "If a State which has withdrawn from the Union asks to rejoin, its request shall be subject to the procedure referred to in Article 49."
In other words, start from scratch.
So if I were Boris that's the card I would be playing No power on earth can make him enter into any agreement with the EU government
I wonder ...