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Businesses prepare legal challenge over Brexit negotiations

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A group of businesses is preparing a legal challenge to prevent the government from beginning Brexit negotiations without an act of parliament. The action, brought by law firm Mishcon de Reya, would potentially complicate Britain’s path to leaving the EU, given that a majority of MPs were in favour of remaining and many have continued to speak in favour of maintaining access to the single market.
Candidates in the Conservative leadership election have so far treated the start of negotiations as within the next prime minister’s discretion.
Theresa May, favourite in the leadership debate, told ITV’s Peston on Sunday that she would only activate Article 50, the formal notification of Britain’s intention to leave, once the government’s negotiating stance was clear. That would mean the legal trigger would not occur this calendar year, a stance supported by the justice secretary Michael Gove. He said all EU citizens lawfully resident in the UK must retain their right of residence.
In contrast, two other candidates in the Conservative leadership election, Andrea Leadsom and Liam Fox, have said they would begin formal negotiations in September or shortly after. EU leaders have also said negotiations should begin once a new prime minister is in place.
“It’s about giving certainty to businesses,” Ms Leadsom told the BBC’s Andrew Marr Show. “We just need to get on with it.”
Once Article 50 is activated, the UK would have to leave the EU within two years — unless all other member states consented to an extension.
Mischon de Reya’s legal challenge follows an article by three academics, Nick Barber, Tom Hickman and Jeff King. The article argued that the government would be violating parliamentary sovereignty if it activated Article 50 on its own — because it would render redundant rights established by the European Communities Act of 1972.
“In our constitution, parliament gets to make this decision, not the prime minister,” the academics said. In addition, an activation without a parliamentary vote would not be effective, because Article 50 of the Lisbon treaty requires a state to act “in accordance with its own constitutional requirements”.

Kasra Nouroozi, a partner at Mishcon de Reya, said: “The result of the referendum is not in doubt, but we need a process that follows UK law to enact it. Article 50 simply cannot be invoked without a full debate and vote in parliament.”
The firm, which has not disclosed the names of its clients in the action, said that government lawyers argued that the executive did have the power to activate Article 50.
In a sign of parliamentary activism, the Labour party’s Yvette Cooper called on Sunday for the government to guarantee the rights of EU citizens living in the UK, after Mrs May said they would be subject to negotiation.
Mrs May’s rival, Mr Gove, said that all EU citizens lawfully resident in the UK must retain their right of residence.
Last week three MPs — the Conservative Peter Bottomley, the SDLP’s Mark Durkan and the Greens’ Caroline Lucas — backed an early day motion, calling for the government not to invoke Article 50 “until the full proposals it intends to submit to the commission to activate the process of withdrawal from the EU are debated in full and voted upon by parliament.”
Despite its political ramifications, the referendum had no automatic effect in UK law. Leading members of the Conservatives and Labour have said the result should be respected, although the Liberal Democrats have said they will continue to fight for Britain to remain within the EU.
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Another one bites the dust.Farrage just resigned. They are like rats jumping from a sinking ship.

So they get the result they want and campaigned for and then quit so they don't have to do the hard work of seeing it through. Not the actions of great leaders.

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Another one bites the dust.Farrage just resigned. They are like rats jumping from a sinking ship.

Pathetic, isn't it? And there are still LEAVE voters who don't for a second doubt the official motivation for having had a referendum called on such an issue in the first place, when everything that's unfolded in internal British politics since its outcome was announced points completely elsewhere as to what the real reasons and purpose behind it were.

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Guest Mauro

The funny thing is, he doesn't have to deal with anything. He's not even an MP. So why running away Farrage?

I was just going to bring this up. His party is pretty redundant now.

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Theresa May under fire for threatening to deport EU migrants after Brexit

The Government believes it would 'unwise' to guarantee EU migrants can stay in the UK

The Home Secretary has come under fire for threatening to deport European Union migrants already living in Britain when the UK leaves the EU.

During the EU referendum the Leave campaign said it did not want EU nationals already in the UK to be repatriated after Brexit.

But Theresa May and her team at the Home Office have now suggested that it would not be a given that EU national could remain in the UK after Article 50 negotiations conclude.

Immigration Minister James Brokenshire said today it would be “unwise” to guarantee EU nationals living in the UK assurances they could stay without UK nationals abroad getting the same assurances.

Full article: http://www.independent.co.uk/news/uk/politics/theresa-may-under-fire-for-threatening-to-deport-eu-migrants-after-brexit-a7119611.html

Brexit: Rights of EU citizens living in UK sparks row

MPs have criticised the government for not guaranteeing the rights of EU citizens to remain in the UK after the country leaves the European Union.

Ministers say it would be "unwise" to fully "guarantee" EU citizens' rights without a deal for Britons abroad.

Foreign Secretary Philip Hammond told the BBC a deal that "works both ways" had to be negotiated in Brexit talks.

But MPs from all parties have attacked the government's stance, saying people "are not bargaining chips".

It comes after Home Secretary Theresa May - who is a candidate in the Conservative Party leadership contest - said on Sunday she wanted to "guarantee the position" for EU citizens living in the UK and British citizens living in EU countries - but that it would be a factor in Brexit negotiations.

http://www.bbc.co.uk/news/uk-politics-36707573

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How is it that the Leavers have suddenly gone quiet. Was it all a great big sham fight? Few, if any, are worthy of high office as we cannot trust them: politics is all about Trust. If we don't trust our representatives, then that the end of political ethics.

http://www.independent.co.uk/news/uk/home-news/brexit-eu-referendum-michael-dougan-leave-campaign-latest-a7115316.html

If one can't trust, that's dangerous for democracy. Domestically, I haven't heard our First Minister exhort the value of leaving or celebrate their hollow victory. Just wonder what's she's thinking now?

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The 2.8 Million Non-Voters Who Delivered Brexit

The U.K.’s vote to leave the European Union came as a surprise to many. It has reignited the debate about the accuracy of polls and forecasts (including mine), and the merits of online versus phone polling. Much of that debate has missed what an analysis of the voting now shows is the central polling error and reason for Brexit: a large cohort of new voters.

In the run-up to the vote, the Number Cruncher Politics Brexit Probability Index, which I had been calculating for Bloomberg, showed a 25 percent chance of the "leave" campaign winning -- suggesting the "leave" campaign had a real chance but was hardly a favorite. Prediction markets and bookmakers’ odds indicated a similar likelihood, and all but two of the final polls had put "remain" ahead.

Simple explanations for surprise outcomes are popular, but often wrong. The evidence, for example, does not suggest that people changed their minds at the last moment; in fact, two election day polls showed swings towards the status quo, not away from it.

Some online pollsters seized on the result as proof that their samples, which contained more "leave" voters than in telephone polls, had better captured the mood of likely voters. But that too is simplistic. The gold standard in probability surveys, conducted by the British Election Study (BES) and NatCen, recorded support for EU membership in mid-2015 that was closer to what phone polls found than online polls. A joint paper by NCP and Populus in March concluded that this was still the case, and a later poll by NatCen of its probability sample found 53.2 percent of likely voters backing "remain," compared to 55 percent in phone polls and 50 percent online.

The missing piece to the puzzle is referendum turnout. At 72 percent, turnout was very high by modern standards. Low turnout was expected to make Brexit more likely, given that Brexit supporters were more enthusiastic and would form a larger proportion of a low turnout. But the high turnout raises a different question: Who were the 2.8 million new voters?

The BES's 2015 study had suggested that non-voters as a whole had similar views on the EU to voters generally; they encompassed both idealistic (yet politically disinterested) youngsters and disaffected blue-collar workers. We now know that what former BBC political editor Nick Robinson observed when he spoke to people in the northeastern city of Sunderland was no fluke: Many who hadn’t voted since the 1980s turned out heavily to vote "leave." Anecdotes can mislead, but this one is supported by analysis.

The chart below shows counting areas grouped into slices of 2 percent of the electorate, ordered from the most "remain" to the most "leave" across the U.K. (excluding Scotland). The key relationship is between the change in turnout since 2015 (vertical axis) and the percentage voting leave (horizontal axis).

http://www.bloomberg.com/view/articles/2016-07-04/the-2-8-million-non-voters-who-delivered-brexit

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Brexit legal challenge launched as businesses move to block EU exit without Act of Parliament

Article 50 simply cannot be invoked without a full debate and vote in Parliament'

A group of businesses has launched a legal challenge to prevent the Government from launching Brexit without a formal Act of Parliament.

A London law firm said it had been in contact with Whitehall lawyers to argue it would be unlawful for the next Prime Minister to take Britain out of the EU with an executive order.

Mishcon de Reya, the firm acting for a number of unnamed clients, said triggering Article 50 could not be done without a full debate and a vote by MPs and peers in Parliament, because it would be overturning parts of the European Communities Act of 1972.

The action has been launched following an article by three academics – Nick Barber, Tom Hickman and Jeff King – which argued that Parliament has an “indispensable role” in making Brexit legally sound.

The academics suggest Article 50 of the Lisbon Treaty itself states that any member may decide to withdraw from the EU “in accordance with its own constitutional requirements”. They say it is well established in the UK’s so-called “unwritten” constitution, largely as a result of case law, that an Act of Parliament can only be overturned by another Act of Parliament.

Kasra Nouroozi, a Mishcon de Reya partner, said: “We must ensure that the Government follows the correct process to have legal certainty and protect the UK Constitution and the sovereignty of Parliament in these unprecedented circumstances.

“The result of the Referendum is not in doubt, but we need a process that follows UK law to enact it.

“The outcome of the Referendum itself is not legally binding and for the current or future prime minister to invoke Article 50 without the approval of Parliament is unlawful.

“We must make sure this is done properly for the benefit of all UK citizens. Article 50 simply cannot be invoked without a full debate and vote in Parliament.”

The debate in the wake of the EU referendum has largely framed the decision to trigger Brexit as one to be made by the next Prime Minister.

David Cameron said as much when he delivered his resignation speech outside Number 10 Downing Street on the morning of Friday 24 June.

Andrea Leadsom has emerged as one of the frontrunners in the Tory leadership contest, thanks in large part to her pledge to “just get on with it” and trigger Brexit as early as possible.

And Theresa May, the bookies’ favourite to be the next Prime Minister, has pledged only to activate Article 50 once the Government has established the terms of its EU negotiations.

David Allen Green, the law and politics blogger, wrote a day after Mr Cameron stood down that it was significant the Prime Minister had failed to launch the Brexit process immediately.

“The fact is that the longer the Article 50 notification is put off, the greater the chance it will never be made at all,” he wrote. “This is because the longer the delay, the more likely it will be that events will intervene or excuses will be contrived.”

He added: “In my view, if the Article 50 notification was not sent yesterday – the very day after the Leave result – there is a strong chance it will never be sent.”

http://www.independent.co.uk/news/uk/politics/brexit-legal-challenge-launched-businesses-move-to-block-eu-exit-without-act-of-parliament-a7118186.html

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In LAW. The government can quash the vote and do another, or even decide by themselves. The only one still standing is the 'hippy' that they said that had no balls to govern. The rest can fuck off now (I would seriously get arrested by punching each of them). Poor old guys on his own still representing! Everybody should back Corbyn now through holding his head up through this shit still wanting to help the country and move forward. Fuck the rest, sorry but that's a leader to me and he is wanted to be burned at the cross! Even by who he gave jobs too.

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They all want out because they're shit and made a big mess and don't know how to solve it because they're useless. The same happened with Iraq in the USA or with the European crisis in the EU. We have the worst generation of politicians ever!

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The only way to get out of this mess would be a dissolution of parliament and have new elections. It will be mandatory for each candidate to tell the people what his/her vote on the question of remaining or leaving the EU will be in a future vote in parliament. A vote that must happen in parliament. This is how democracy works properly. Not some kind of referendum with a simple majority.

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^^^ From my perspective the problem with a single majority remains. Wide ranging, irreversible decisions that affect millions and millions of people that voted differently and potentionally many millions more that were not elibigle to vote because of their age, should only be made on a basis of a two/third majority. Not on a laughable 4 percent points. The hurdle should be much higher.

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^^^ From my perspective the problem with a single majority remains. Wide ranging, irreversible decisions that affect millions and millions of people that voted differently and potentionally many millions more that were not elibigle to vote because of their age, should only be made on a basis of a two/third majority. Not on a laughable 4 percent points. The hurdle should be much higher.

but this should have been decided before the referendum
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They all want out because they're shit and made a big mess and don't know how to solve it because they're useless. The same happened with Iraq in the USA or with the European crisis in the EU. We have the worst generation of politicians ever!

they work for the corporations,not for the people
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Brexit campaigners are silent or in hiding and have no plans to tackle the problems they have created.


The battle cry of "Take our Country back" was ignorant of the fact that the Europe we are in now is very different from the Europe of the 1970s.


It's the interdependence of each of us, and of our nations, that this silly aspiration utterly ignores, and it is costing us dearly in monetary and diplomatic terms. Just this morning, a major investment conference has been postponed. It does not amuse me when our leaders go off on their regular St Patrick Day's jamboree to the States to sell NI and when they come back, one party in government then goes into retro mode and effectively sabotages any advantages we have as a gateway to Europe.


Attitudes of "our wee country" are exclusionist, perceived as supremacist and out of step with fact (here, we are not, nor have we ever been a "country") and of the march of history. We do live, as peoples, as nations within the shelter of each other.


What a mess!

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