[Merged]Brexit stuff (part 2)

[GB9]

I assume that if the Supreme Court agrees then this approach is acceptable to the Remnants?

[SueEllen]

I assume that if the Supreme Court agrees then this approach is acceptable to the Remnants?

It's up to MPs to decide whether this is satisfactory to ensure they can scrutinise the legislation. According to the article the opposition parties don't think it will be.

Treaty negotiation is up to the government but any legislation that comes out of it has to be scrutinised by parliament.

[GB9]

It's up to MPs to decide whether this is satisfactory to ensure they can scrutinise the legislation. According to the article the opposition parties don't think it will be.

Where does it say that?

[jamesbrown]

Frankly, I don't think a resolution is sufficient or wise. Although it's perfectly reasonable to suggest that Parliament, as a sovereign body, can decide on the terms of its own sovereignty, a resolution does not take legal effect. It is simply used to gauge the will of the House, nothing more. The A50 decision specifically mentions legislation, although not the precise form. Anyway, I defer to those with a detailed understanding (probably not on CUK ), but my reading is that primary legislation would be required.

More importantly, HMG can easily achieve their objective with a carefully drafted Act. It's possible to craft an Act in such a way that it is entirely unconditional and cannot be amended to extend the scope. As I've said elsewhere, the court ruling is entirely justified but also largely immaterial. It's just an example where HMG doesn't want to admit defeat and "embarrass" itself. They might get lucky but, somehow, I expect that further embarrassment is coming in the SC and it's all completely immaterial.

[jamesbrown]

It's up to MPs to decide whether this is satisfactory to ensure they can scrutinise the legislation.

Scrutiny isn't a requirement. Legislation likely is a requirement. The Labour party (after a lot of stumbling and incompetence) have given their unconditional support for triggering A50.

[NotAllThere]

I assume that if the Supreme Court agrees then this approach is acceptable to the Remnants?

Sure. Why not? If the supreme court rule that they can go ahead without any fast-track, that's fine by me as well. At the start of this thread I said that I though that Brexit would happen. Frankly, I think the issue of the sovereignty of parliament is probably more important than membership of the EU, and if the government had overridden, the repercussions could have been horrendous. If the supreme court decide that the sovereignty of parliament isn't being overridden, that's great.

[jamesbrown]

Frankly, I think the issue of the sovereignty of parliament is probably more important than membership of the EU

Completely agree.

[Old Greg]

Completely agree.

Shame this Bill never got through.

Parliamentary Control of the Executive Bill




ARRANGEMENT OF CLAUSES
Clause
1. Exercise of Crown prerogatives.
2. Motions in pursuance of section 1.
3. Parliamentary investigation officer.
4. Short title.





A
B I L L
TO
Make the exercise of certain powers of Ministers of the Crown subject to control by the House of Commons.
BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

Exercise of Crown prerogatives. 1. - (1) The following powers of Ministers of the Crown, relating to or entailing the use of the Crown prerogative, shall not be exercised on any occasion unless the assent of the House of Commons has first been obtained in accordance with section 2-


(a) to sign or ratify treaties;

(b) to recognize foreign governments;

(c) to assent to any European Community legislation;

(d) to advise Her Majesty on the creation of peers or the appointment of Ministers or ambassadors;

(e) to establish Royal commissions;

(f) to make Orders in Council, other than under statutory powers which make such Orders subject to approval by resolution of the House of Commons;

(g) to exercise executive powers not conferred by statute;

(h) to advise Her Majesty to declare a state of emergency or to dissolve Parliament.
(2) A Minister of the Crown shall not, whether through the exercise of a statutory power or through the exercise of the Crown prerogative, appoint a person to chair a public body unless the assent of the House of Commons has first been obtained in accordance with section 2.

Motions in pursuance of section 1. 2. Proposals for the exercise of the powers referred to in section 1 shall be published and submitted to the House of Commons in the form of a motion requiring an affirmative resolution before they shall have legal effect or come into force.

Parliamentary investigation officer. 3. - (1) For the purposes of enabling the House of Commons to take informed decisions on motions moved under section 2, there shall be a Parliamentary investigation officer with powers to send for any papers and records within the responsibility of a Minister of the Crown which may relate to proposals for the exercise of the powers referred to in section 1.

(2) The Parliamentary investigation officer shall-


(a) on request from a select committee of the House of Commons supply to that committee copies of any paper or record obtained under subsection (1); and

(b) draw to the attention of a select committee of the House of Commons any paper or record obtained under subsection (1) which in his opinion is relevant to an inquiry which the committee is undertaking or has announced its intention to undertake.
(3) Nothing in this section shall require or permit any person to do or to procure the doing of any thing which would be an offence under the Official Secrets Act 1989.

Short title. 4. This Act may be cited as the Parliamentary Control of the Executive Act 1999.




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© Parliamentary copyright 1999
Prepared 2 July 1999

[jamesbrown]

Shame this Bill never got through.

I wouldn't be surprised if David Davis had a hand in drafting that...

[darmstadt]

Daily Mail editor Paul Dacre must be a Remainer or will the government also send him a little private letter?

Highland Shooting Lodge,Langwell Estaate

https://www.theguardian.com/media/20...subsidies-2014