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Wow! Looks like there's a hole in the Benn Act. It's not so much a hole in the act (as I understand it) as a hole in the whole system. It's another of those "it's always worked for 350+ years because people followed conventions" situations, I think.
Now, just like every other dirty trick, it can be stopped by legal means. But as I indicated in the other recent thread (about the Civil Contingencies Act) the problem with that is the courts don't *always* move at the speed necessary to squash a fast-moving situation.
This is what happens when you flip the conversation from "what are we allowed to do?" to "what can we do?" When you throw anything and everything against the wall to see what sticks. When you care not one jot about convention or precedent or history or preserving our system.
