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Now that EU (Withdrawal) Bill has survived second reading, focus must shift to amending it to address fundamental constitutional concerns +
A good starting point would be the recommendations made by the Lords Constitution Committee in March 2017
publiclawforeveryone.com/2017/03/07/the…
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publiclawforeveryone.com/2017/03/07/the…
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Committee urged a proportionate and targeted system of parliamentary scrutiny.
Extraordinary powers call for corresponding oversight.
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Extraordinary powers call for corresponding oversight.
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Impact on territorial constitution (which got relatively little attention in Commons) must also be addressed.
news.gov.scot/news/eu-withdr…
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news.gov.scot/news/eu-withdr…
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If Bill is regarded as a 'power grab' by devolved nations, & if devolved consent is withheld, there's real risk of constitutional crisis
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Fundamental uncertainties in Bill must also be addressed, as Constitution Committee notes in latest report
publiclawforeveryone.com/2017/09/07/hou…
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publiclawforeveryone.com/2017/09/07/hou…
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These aren't technical legal points. They go to stability of post-exit legal system.
Basic rule of law issue.
publiclawforeveryone.com/2017/09/07/art…
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Basic rule of law issue.
publiclawforeveryone.com/2017/09/07/art…
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I set out these uncertainties and call for their resolution in this post:
publiclawforeveryone.com/2017/08/14/the…
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publiclawforeveryone.com/2017/08/14/the…
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Arguing against Bill in current form isn't about "blocking Brexit".
Nor is it about frustrating "the will of the people".
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Nor is it about frustrating "the will of the people".
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Getting the Bill right is about attempting to ensure that Brexit happens in a constitutionally appropriate way.
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Whatever "will of people" was/is, hard to argue it extends to marginalisation of Parliament and unprecedented executive power.
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If Brexit is about "taking back control", & prioritising "British values", then that surely extends to fundamental constitutional values
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As it stands, Bill compromises those values.
Undermines parliamentary sovereignty.
And rule of law.
And separation of powers.
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Undermines parliamentary sovereignty.
And rule of law.
And separation of powers.
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And it risks destabilising the UK's very fragile territorial constitution, as First Ministers of Scotland and Wales have made clear.
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Ball now in Parliament's court.
But to enact Bill in present form would be dereliction of constitutional duty by parliamentarians.
/ends
But to enact Bill in present form would be dereliction of constitutional duty by parliamentarians.
/ends
