andrewducker (![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png)
andrewducker) wrote2019-01-17 11:03 am
andrewducker) wrote2019-01-17 11:03 am
Entry tags:
- abortion,
- autism,
- bbc,
- children,
- death,
- debt,
- doom,
- economics,
- england,
- europe,
- goodnews,
- homelessness,
- journalism,
- labour,
- language,
- lgbt,
- links,
- nhs,
- nuclearpower,
- ohforfuckssake,
- scotland,
- tax,
- transgender,
- twitter,
- uk,
- usa,
- viaswampers,
- wales
Interesting Links for 17-01-2019
- Young Trans Children Know Who They Are
- (tags: lgbt transgender children )
- Jeremy Corbyn snubs Theresa May offer to work together on Brexit unless PM rules out no-deal
- Of course, no detail on how to rule out No Deal when it's what happens automatically if nothing else is agreed...
(tags: UK europe labour ) - A majority of Americans support raising the top tax rate to 70 percent
- (tags: usa tax )
- Hundreds of homeless people fined and imprisoned in England and Wales
- (tags: England homelessness OhForFucksSake )
- The BBC's article on the Gillette advert is *terrible*
- (tags: BBC journalism twitter OhForFucksSake )
- The Scottish government isn't funding autism support which actively saves money
- (tags: NHS autism scotland OhForFucksSake )
- Isle Of Man Is Now The First Place In The British Isles To Decriminalise Abortion
- (tags: abortion GoodNews )
- How Do People Communicate Before Death?
- (tags: death language viaSwampers )
- Hitachi scraps £16bn nuclear power station in Wales
- (tags: nuclearpower uk Wales doom )
- A question of interest: Is UK household debt unsustainable?
- (tags: UK debt economics )
- This is an excellent summary of the current Brexit situation and our options
- (tags: UK europe )
no subject
An implication of a rule that is actually binding on the UK Government that it avoid a No Deal Brexit is that can not leave the EU without a deal. (I.e a rule that is in the necessary form to compel HMG whether that is House of Commons Standing Orders or a whole new Act of Parliament0
What flows from that in the event of no deal being ratified by the 29th of March is that one of following is true
a) the UK government must, on the 29th March, unilaterally revoke Article 50 (which it has a right to do, perhaps, depending on your reading the of the UK constitution and, inter alia, the Gina Miller Case
b) the Withdrawal Act has been in part repeal, implicitely or explicitely
c) the UK Government have no right to exit the EU on the 29th March, and can't do so, and therefore revokation of Article 50 is implied and operates by process of law
So I don't think Corbyn has to do much heavy lifting about how to take No Deal of the Table. It is possible that the Government (rather than Parliament) has the right to unilaterally revoke Article 50. It can arrange to bind itself.
Or the UK Parliament could pass the EU Withdrawal (Amendment) (Article 50 Revocation) Act 2019
S1 The United Kingdom shall not leave the EU without a Withdrawal Agreement that has been ratified by the House of Commons
S2 (i) If, by, 9pm on the day of withdrawal the UK Parliament has not ratified a Withdrawal Agreement the relevant government minister is required to issue proper notices revoking Article 50
(ii) if the notices are not delivered in proper form, or if no notices are in fact delivered, the reaching of 9pm on the day of withdrawal will still be considered a constitutionally valid revocation of Article 50.
Corbyn, himself, hasn't actually said that and he may not have thought it through but it's pretty easy to do.
What is trickier is ensuring that the UK doesn't leave without a deal in a way that still means we are definately leaving.
no subject
I agree that they could bind themselves to avoid No Deal if they wanted to.
But that means passing legislation to say "If we get to 5 minutes to midnight on Brexit Day-1 then X."
Where X is either "Enact Withdrawal Agreement" or "Revoke Article 50"
So that means that the parliament needs to agree which of those two choices it will bind itself to. The one which just got the largest single government defeat in history, or the one which neither party is willing to admit is an option.
If Corbyn is suggesting either of these, then great. But he needs to say what he is suggesting, not just "I don't like this option, make the bad thing go away."
no subject
They probably ought to couch the legislation in terms of (If by T-t hours, WA has not been agreed than X) but legislation that said "the UK may not leave the EU with a deal" would be valid legislation. It would end up being litigated to buggery and back, probably more than once.
Probably after Brexit Day.
However what passes for statesmanship this century is to pass ill-thought out legislation that triggers litigation and a constitutional crisis. There may be a majority in the House for the No No Deal But No Alternative Act.
no subject
Which doesn't make him a statesman or even a decent candidate for PM, but no greater love hath a man than that he lay down his ambition for his party.
no subject
no subject
But I'd like to not be living in an apocalyptic disaster zone come April, and therefore would like him to take that into account when making his decisions.
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no subject
https://twitter.com/davidallengreen/status/1085900537231523841?s=09
no subject
Mostly I agree with that but there is an option 1B. In order to rule out a No Deal Brexit there must either be 1) a Deal or 2) a revocation of Article 50. That Deal doesn't have to be the one that May negotiated, it doesn't have to be one that leaves the confidence and supply agreeement in place, it doesn't have to be one that leaves the Tory Party in existence.
If one is to ascribe some street smarts to Corbyn it might be that his hope is to force May in to a positon where she is stuck between No Brexit and a Deal that will pass the Commons - such as Norway and hopefully destroy the Tory Party in the process.
In order for that to happen he needs to not draw attention to his end game. Hence his silence on what would be the implicit policy of the Labour Party - Single Market or Remain.
Personally I do not ascribe that level of cunning or understanding to Corbyn. I think he is mostly bumbling around, blowing raspberries at the government and trying not to split his own voting base by actually doing anything. But that doesn't stop him lighting by accident on an outcome that I like.
no subject