Further update. We have reflected and we will be proceeding with our challenge. THREAD
Here we are, after three and a half years, and it looks as though Parliament will be asked to approve on Sat a 500+ page document which it has not seen (indeed which does not yet exist) with epochal consequences for Great Britain, Northern Ireland and the EU and in short time. /1
What - beyond Boris Johnson's desire to meet his self-imposed deadline - is the rush? It would be in the interests of our Parliament to have more time to consider it - and it may well also be in the interests of the EU27 Member States. /2
The Benn Act requires (to avoid an application for an extension) both that there be (1) a concluded agreement placed before Parliament and (2) that it be a lawful agreement (including not being contrary section 55 of the 2018 Trade Act). /3
Moreover, in the 2018 Withdrawal Act, Parliament set out what it wanted by way of proper governance of the process of leaving the EU including scrutiny of the withdrawal agreement, and then an Implementation Act, with proper time for reflection by both Houses. /4
There is also a very important point going forward. The Government's position is that Parliament will have no say on future trade deals - including those affecting the NHS (scramnews.com/mps-will-not-h…). That should cause deep alarm to all of us. /5
There is a legal fix - Parliament might set legally binding negotiating parameters that Govt shall not (for example) lower food standards. But that is exactly what Parliament did with section 55 - and this Government (in effect) has ignored them. /6 legislation.gov.uk/ukpga/2018/22/…
Returning to this case, if the Governments wants to seek Parliament's consent to repeal section 55, it can and should seek that consent. But it must not negotiate unlawful trade deals and then present them to Parliament as a fait accompli. /7
The right sequence, then, is for Government to ask for an extension as mandated by the Benn Act to give Parliament proper time to consider the terms of any Withdrawal Agreement and to seek Parliament's consent for this Withdrawal Agreement through a repeal of section 55. /8
We will be asking the Government to undertake that it will meet its legal obligations by (1) not presenting mere heads of terms for Benn Act approval on Saturday and (2) not presenting an unlawful Withdrawal Agreement to Parliament. /9
If we receive those undertakings we will take no further action. But if we don't receive those undertakings we will ask the Court to secure Government observes them.
If you would like to fund this action you can do so here. /ENDS crowdjustice.com/case/proposed-…
If you would like to fund this action you can do so here. /ENDS crowdjustice.com/case/proposed-…
