ARTICLE 50 BILL IS PUBLISHED

And, if you value your health service, vote for independence

tories2First: Taken from the Guardian

Overview of the Bill

1 The European Union (Notification of Withdrawal) Bill (“the Bill”) has 2 clauses. A summary of, and background to, the Bill is provided below.

2 The Bill would give the Prime Minister power to notify the European Council of the United Kingdom’s intention to withdraw from the European Union.

Policy background

3 The European Union Referendum Act 2015 (section 1) provided for the question of whether the United Kingdom should remain a member of the European Union or leave the European Union to be put to a referendum. That referendum took place on 23 June 2016. A majority of those who voted in the referendum voted in favour of the United Kingdom leaving the European Union.

4 On 2 October 2016 the Prime Minister announced that the Government would commence the formal process of leaving the European Union before the end of March 2017.

Legal background

5 The procedure for withdrawing from the European Union is set out in Article 50 of the Treaty on European Union (‘TEU’). The first step in the procedure is for the Member State that has decided to withdraw to notify the European Council of its intention (Article 50(2)).

6 In R (on the application of Miller and Dos Santos) v Secretary of State for Exiting the European Union [2017] UKSC 5 the Supreme Court considered whether it would be inconsistent with the terms of the European Communities Act 1972 for the Prime Minister to give notice to the European Union, under Article 50(2) of the Treaty of the European Union, of the United Kingdom’s intention to withdraw from the EU Treaties, without a prior Act of Parliament. In an 8-3 judgment the Supreme Court concluded that a prior Act of Parliament is required. This Bill provides the Prime Minister with the necessary power to give notice of withdrawal under Article 50(2).

7 The Supreme Court also considered arguments relating to the devolution acts and whether consent of the devolved administrations is required before notice to withdraw can be served. The unanimous decision of the court was that EU and other foreign affairs matters are reserved to the UK Government and Parliament and that the devolved legislatures do not have a veto on the UK’s decision to withdraw from the EU.

Territorial extent and application

8 This Bill extends, and applies in relation to, England, Wales, Scotland and Northern Ireland. NOTE FROM MUNGUIN: WHAT HAS HAPPENED TO GIBRALTAR?

9 The Bill does not contain any provision which gives rise to the need for a legislative consent motion in the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly.

Fast-track legislation

10 The Government intends to ask Parliament to expedite the parliamentary progress of this Bill. In their report on Fast-track Legislation: Constitutional Implications and Safeguards, the House of Lords Select Committee on the Constitution recommended that the Government should provide more information as to why a piece of legislation should be fast-tracked.

Why is fast-tracking necessary?

11 The judgment of 24 January 2017 required the Government to complete an additional (and unexpected) step before the formal process of leaving the European Union can commence. Completing this step through the normal Bill timetable would cause considerable delay to commencing the formal exit process, making it impossible to do so before the end of March 2017. This would further generate uncertainty as to the timetable for our exit from the European Union.

What efforts have been made to ensure the amount of time made available for parliamentary scrutiny has been maximised?

12 The Bill is being published on the same day it is introduced and arrangements are being made for amendments to be accepted in advance of second reading in the House of Commons.

Does the Bill include a sunset clause (as well as any appropriate renewal procedure)? If not, why do the Government judge that their inclusion is not appropriate?

13 Due to the nature and content of the Bill, it does not include a sunset clause.

Are mechanisms for effective post-legislative scrutiny and review in place? If not, why do the Government judge that their inclusion is not appropriate?

14 The impact of the Bill itself will be both clear and limited, therefore mechanisms for post legislative scrutiny are not necessary.

Has an assessment been made as to whether existing legislation is sufficient to deal with any or all of the issues in questions?

15 An assessment has been undertaken and existing legislation is not sufficient to give notice under Article 50(2) TEU.

Have the relevant Parliamentary committees been given the opportunity to scrutinise the legislation?

16 Given the need to introduce legislation as quickly as possible, it has not been possible to formally discuss with Parliamentary Committees.

Commentary on provisions of Bill

Clause 1: Power to notify withdrawal

17 Clause 1(1) provides power for the Prime Minister to notify the European Council of the United Kingdom’s intention to withdraw from the European Union.

18 The power that is provided by clause 1(1) applies to withdrawal from the EU. This includes the European Atomic Energy Community (‘Euratom’), as the European Union (Amendment) Act 2008 sets out that the term “EU” includes (as the context permits or requires) Euratom (section 3(2)).

19 Clause 1(2) provides that the powers in clause 1(1) are conferred regardless of any restrictions which may arise from any other legislation, including the European Communities Act 1972.

Clause 2: Short title

20 Clause 2 confirms the intended short title of the Act.

Commencement

21 Commencement would be on Royal Assent.

Financial implications of the Bill

22 The Bill is not expected to have any financial implications.

Parliamentary approval for financial costs or for charges imposed

23 No money resolution is required.

Compatibility with the European Convention on Human Rights

24 It is considered that the provisions of the Bill are compatible with the Convention rights.

**********

trump01

From the same page in the Guardian, I noticed this piece. May was, at the time of writing, winging her way across the Atlantic to do some heavy duty grovelling to Trump. Polly Toynbee wrote:

On her flight, she should read [Trump’s] obnoxious book, The Art of the Deal, where the other guy is always shafted. Sure, he’ll promise a deal and she’ll come home pretending triumph. But in hammering out the terms, detail by detail, we shall eat humble pie made of genetically modified, hormone-injected meat. Our City of London, our public services, our NHS risk being devoured by predatory US companies, with any resistance adjudicated by a US trade court far more onerous than the shared European court of justice she derides.

So in the next few days we shall see the hard right Tory press lauding her up hill and down dale, because Trump, who appears to loathe the EU and all it stands for, is giving her her red carpet treatment including a joint press conference (I wonder if Tessa will find that embarrassing). Doubtless, the promise of a deal will be made. But in the ‘America First’ world of Dumbo Trump, we all know that’s not going to end well..at least not for us.

Still, who needs a heath service?

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32 thoughts on “ARTICLE 50 BILL IS PUBLISHED”

  1. Mrs May will return home in triumph in much the same way as Neville Chamberlain from Munich.

    At least Chamberlain thought Hitler “was the commonest little swine I have ever met”. Theresa will be too busy grovelling.

    Liked by 2 people

    1. Yes, I guess, but the Heil and Diana will give her a rapturous welcome. Heroine! Genius! Saviouress of the universe.

      Then she’ll flog off the health service and it will cost $500 for a filling.

      Like

  2. I hope she doesn’t wear anything too provocative like leather trousers, but I expect given the Donald’s business MO she’ll get her arse felt anyhoo!

    Liked by 1 person

  3. Thatcher sold the family silver, just as oil came on stream. May will sell the jewel in the crown, that is the NHS, to Trumpton and his ilk; just as the UK, voluntarily in our neighbours case, leaves the biggest market on the planet and, arguably, the greatest way of keeping Europe at peace with its self.
    They are acting like two of the four horsemen, ushering in darker times ahead; time Scotland bailed out of this, unequal, union has long since passed.

    Liked by 2 people

    1. I see nothing but dark skies ahead.

      Trump may be a scatterbrianed boobie, but he’s also a hard faced (well hard and orange faced) businessman. He’ll walk all over the UK and never look back.

      Liked by 1 person

  4. It took me several hours to read the Scot Gov’s white paper on keeping Scotland in the EEA and about 90 seconds to read the UK Gov’s bill to take Scotland out. They really just can’t be bothered, can they? Why would they put in the effort with Corbyn as the main “obstacle”?

    Liked by 3 people

    1. I think they thought that if they kept it simple it would pass through the Commons and Lards more quickly. They hadn’t reckoned on the SNP being the opposition. 50 amendments!!

      Like

  5. Rhett Trump to Scarlett May: “Frankly, my dear, I don’t give a damn.”

    Anyway, I feel all squishy inside now that I know that the UK and the USA will once again be the great leaders of the world (according to May). I’m sure the other 190+ countries will be heaving a big sigh of relief today knowing that our planet is in such safe hands once more. There again, they could just be laughing their heids aff like me.

    Liked by 2 people

    1. Hi JoMac,

      Aye China will be happy to know that daft wee britain with its disastrous leader will be running the world.

      Maybe that will make China change its mind about building England’s nuclear power stations.

      Imagine wanting to team up with a country whose state department management have all resigned!

      <ay must be desperate for friends… Please, I'll do anything Mr President sit (you orange faced muppet), just don;t let these horrid Europeans be nasty to me.

      Liked by 1 person

  6. tris and the rest of the stirrers

    Seeing as the nhs is now doing the most fantastic
    Medical treatment of all time the doctors just love
    It and the nurses .
    May will do the greatest deal ever with Trump it will
    Truly be the deal of the century our economy is going
    Be the Best ever we are going to so rich and all have the
    Worlds bestest jobs ever

    And when the yoons call for idyref 2 as we will cos we
    Are sick of the nats forever going on about calling another one.
    Last time we yoons had the most massive of all time wins in the
    referendum. the biggest and best majority ever recorded in Scottish
    Independence referendums.

    In spite of the millions yes millions and millions of fake votes
    For the yes campaign .

    Bloody great fantastic comment I just made probably the
    Best ever seen in the republic ….and it was all mine just
    Fantastic .

    You see what I did there it was me Trump style exaggerated
    Misdirection and misinformation brill eh !

    Liked by 2 people

    1. Oh Niko, you are surely the most cleverest, smartest, most brilliantest, not to mention handsomest yoon there ever was in the history of the universe. Ever.

      Munguin is in Awe, or maybe he in his drawing room, but he’s in somewhere.

      Like

  7. In return for taking over our health services,Trump will demand open borders with the UK so that he can send all his sick Mexicans and Muslims over here for treatment,at our expense of course.
    Once May and friends have done away with our human rights and Guantanamo is back in business again,anyone the Tories disapprove of can be disappeared across the ocean (used to be called Transported in the good old days).
    So much to look forward to.

    Liked by 1 person

  8. Tris

    It will happen and while May will have a hard time, from mainly Donald ( sorry you can’t get that out your head now can you lol) most opposition will come from the SNP in the maybe 10 days allowed for debate. She always says one thing then concedes but I really think she does that to look reasonable when that was her plan all along. She is not as stupid as we think.

    Corbyn I now think has to go even though I didn’t really care before he is a liability and the left of Labour really need to find someone, I suspect if was to be challenged now he would lose, he is really poor , pity but how it is.

    Interesting times.

    Bruce

    Liked by 1 person

    1. I don’t think the right wing of the Labour Party would dare have another leadership campaign now. Maybe it’s just me not hearing stuff, but where are Benn and Harman and the other Blairites? Where indeed is Blair?

      And the less I think about Donald and May, the better i like it, thank you!! 🙂

      Like

  9. In some respects, and I suppose with hindsight, it might have been better if Corbyn had not won leadership of the Labour party. The title of ‘ Toom tabard ‘ sits well on his shoulders. His ineptitude will have done nothing to encourage people’s belief that there is a better way, Brexit will be a disaster for the ordinary citizen in England and they have no one fighting their corner.

    Liked by 1 person

    1. I think that one of the problems Corbyn has is the same as those faced by Democrats across the pond.
      Namely their traditional supporters in the rust belts created by unrestrained global capitalism are turning to extreme right wing politicians as a solution to their problems.
      In both England and the US of A there is an existing culture which supports right of centre politics anyway and the current situation really leaves politicians like Corbyn with nowhere to go.
      All he is trying to do is fend off UKiP in Labour’s traditional heart lands in England.
      At least,here in Scotland,we still have a government which draws support from a majority of Social Democrats.

      Liked by 1 person

      1. bringiton

        I agree that Corbyn is fighting off UKIp but he is doing a terrible job like his mistake at PMQs this week, that was just ridiculous and stupid, no matter if it was one of his advisors. I had hoped he would give England an alternative, and even excluding the press coverage of him which is against, he is really poor.

        Bruce

        Liked by 1 person

      2. Yes, it’s a good point, Bringiton.

        The whole reason for Blair’s New Labour was the ever-more right wing nature of the English electorate.

        These parties blame the woes of the country on foreigners, Jews, Muslims, the sick, the old, unmarried mothers, etc.

        The left are seen to be soft on them. The hard right seem to offer some hope. I suspect that it never comes to anything, because most of the people drawn to be politicians in these parties are pretty useless as leaders. They base everything on a lie. They make their promises based on what the public wants to hear. “It’s not your fault; it’s everyone else’s”.

        But it isn’t.

        They don’t have an answer. It sounds good, but it never really works out that way.

        Like

    2. Well, hindsight has 20/20 vision.

      If it had been one of the Blairites we’d have just had two Tory Parties by now.

      They might have been more effective and cohesive, but they would have been agreeing with everything the Tories said.

      Either way they seem pointless.

      Like

      1. They have been Tories for quite some time now Tris, in or out of power. No matter what his personal opinion of either the EU or The SNP, he had duty as leader of the official opposition in Westminster to ensure proper scrutiny of the Bill authorising Article 50, he would have found willing allies in the SNP. Party Politics and personal preference took precedence over his duty to the electorate. He knows full well that Brexit won on a false premise.

        Liked by 1 person

      2. True. I have to say it, though I hate to, because I thought he was England’s chance to get away from the madness that is the current regime, but he is seriously crap.

        Like

  10. Pity it is not possible to elect Dianne Abbot to the head of an English Labour Party.

    The Labour Party might want to look to their soon-to-be-redundant MEPs.

    There are a couple that seem to be worth considering.

    Liked by 1 person

    1. I quite like Diane Abbot, but I’m not sure that she’s widely popular in England. It’s interesting that there will be some more political talent (and some rubbish) looking for a job in a couple of years’ time. Some really good SNP people included.

      Like

    1. Having read that piece you can’t help thinking that all the cosmic tumblers are clicking into place for a ‘Yes’ vote?
      Are Scotland’s people stupid enough to stay inside the UK menagerie given a choice? We shall have to hope they aren’t.

      Liked by 1 person

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