Peer says UK is no longer a democracy of the people

THE PRESS OFFICE OF                                                           

The Lord Stoddart of Swindon (Independent Labour)                                                                                          

News Release

3rd November 2016


High Court Judgement a ‘body blow to Brexit’ says Peer

“The UK is no longer a democracy of the people”

The Independent Labour Peer, Lord Stoddart of Swindon, has described the ruling by three High Court judges that the decision to trigger Article 50 must be voted on by Parliament as “a body blow to Brexit which confirms that the United Kingdom is no longer a democracy of the people because their decisions can be overruled by an arrogant, self-serving elite.”

Lord Stoddart, added:  “If the decision of the British people had been to remain in the EU, I am certain there would have been squeals of horror and outrage from this same arrogant elite, if the leavers had gone to the courts to set aside a clear decision of the electorate.  The legislation that prepared the way for the referendum passed both Houses and on 23rd June the British people gave the Government unambiguous instructions to withdraw our country from the European Union. This could now be ignored. Our democracy is in serious trouble.”

 

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3 comments

  1. Phil JonesReply

    As a lawyer I agree 100% with Lord Stoddart. The Referendum Bill passed by a 5/6 majority. It said nothing about being advisory. With that Bill the UK Government agreed that if it’s outcome were to be for the UK to leave the EU then it would leave on notice given. It was pre-approval by the UK Government to take action based on the outcome of that Bill. It was clear and unambiguous. No further approval by Parliament was or is necessary since the approval by Parliament had been already given. What appears to have muddied the situation in the recent decision is whether Parliament has to approve the proposed leaving terms that go with UK withdrawal from the EU. This is why Mrs. May has now indicated that the Section 50 notice will be given separate and apart from any leaving terms. It will be strictly a notice to leave — on which the people of the UK voted on 23 June based on a Parliamentary Bill — with the result pre-approved by Parliament. It has often been said that “Parliament is sovereign”, but that has the caveat “unless the people have decided otherwise”. The people have seldom been given the right to give their direct input, but 23 June was the rare time they were given the right. And the outcome has to be obeyed. Obviously the tail cannot wag the dog. Parliament cannot go against the will of the people. Parliamentary representatives can only act on matters on which the people themselves have not given a decision. The matter is very clear. When the appeal is heard in early December I am sure that the Government’s lawyers will make it clear that Parliament has already given its approval to the UK leaving the EU — and thus the Article 50 notice being given. The approval was given in the Referendum Bill itself. Either of its outcomes was sanctioned by Parliament.

  2. Gordon WebsterReply

    I agree completely with Lord Stoddart as well. neither Politicians nor Judges can pick and choose which points of Constitutional Law to follow, just as it suits them. If The Accession Treaty, Maastricht, Nice and Lisbon were perfectly legitimate, the so is the present Government’s invoking of Article 50. To my knowledge and reading, Parliament has never been privy to, or consulted in, the signing off Treaties.
    My understanding of Article 50 is that the member state leaving shall give notice, then leave according to their own constitution. Since our Membership is Illegal according to our Constitution, the declaring “The Union Null and Void when presenting the Repeal Bill would be perfectly correct.

  3. Tony SmithReply

    Such a pity that our government failed to have a plan B on the 23rd June. On the 24th June Article 50 should have been invoked. Then there wouldn’t have been all this prevaricating, apparent indecision and legal wrangling. Two years more of EU control over Britain is far to long to have to endure. Sooner we’re out, the better. Some say that if we are a sovereign nation then we have the right to just leave, stop paying £millions to the EU and not even bother invoking Article 50 which forces the UK to admit to the EU’s dominance over our sovereignty.

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