EU Referendum Act 2015

Just in passing - who gave the Supreme Court authority to act in this matter in the first place?

Brexit ruling: The Supreme Court Judgement - The principal issue - Majority Judgement

 

The Supreme Court judgment

“.. The 2016 referendum is of great political significance. However, its legal significance is determined by what Parliament included in the statute authorising it, and that statute simply provided for the referendum to be held without specifying the consequences ..”

 

Therefore this gives rise to the following questions:

  • How many (if any) previous Acts have been passed without a conclusion?

  • If there were none then why was the EU Referendum Act 2015 the exception?

  • If there have ever been other previous Acts of this nature without a conclusion, then how were they ultimately resolved and with what outcome?

If the Act was ‘advisory only’ then why was the public not made aware of this fact at the time prior to the vote, rather than retrospectively? This is especially relevant given the following quote from EU Referendum Bill Receives Royal Assent

 

Quotes:

“‘.. It is vital that the public is able to make an informed choice ..’”

“‘.. The EU Referendum Bill was introduced to Parliament on 28 May 2015. The Bill started in the Commons, and then passed through the Lords in the usual way. Both Houses had to agree to every part of the Bill ..’”

 

Something does not ring true here!

Surely it is very concerning that all parties throughout the process – UK Government, House of Commons, House of Lords and presumably those Civil Servants drafting the Bill all either overlooked or deliberately chose to ignore the conclusion of a ‘leave vote’

In fact it does rather stretch credibility that all these esteemed worthies missed the one critical aspect of the entire process – the conclusion

Unless of course none of those concerned with vetting the Bill actually wished a ‘leave vote’ and deliberately ignored the conclusion in case the vote went against them - affording the ability to challenge matters in the way we have just seen

Interestingly enough, this approach would seem be rather in keeping with the ‘independence’ demonstrated by some members of the Supreme Court

Daily Mail Review of Supreme Court Judges Links to the EU

So where do we go from here? Since holding people to account seems to be in vogue at the moment, how about an impartial investigation into the following:

  • The impartiality of some of the Supreme Court Judges. It is debatable whether impartiality can be maintained when those close to them have made public statement on the subject or they themselves have ‘.. taken the EU shilling ..’ or potentially have an EU pension

  • The Civil Servants who drew up the Bill and whether they raised the matter of a conclusion with their political masters

  • The House of Commons – who may try to block the process

  • The House of Lords – who may try to block the process

After all, a great number of those above potentially wished to remain in the EU and with this in mind could they be truly regarded as independent?

REFERENCES

Was EU referendum advisory

Legislation required before UK gives notice on leaving the EU

 

Tags: , | Categories: European Union | UK Government
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