The Mudcat Café TM
Thread #160890   Message #3818354
Posted By: Steve Shaw
05-Nov-16 - 01:24 PM
Thread Name: BS: Brexit again
Subject: RE: BS: Brexit again
Keith, it doesn't matter what the confounded leaflet said. Actually, the problem is more with what it should have said but didn't. And Cameron was not entitled to promise what he promised about Article 50, end of. He would have been overriding the sovereignty of parliament had he done so and would probably have had his head cut off. The problem here is that he made that promise hubristically, certain in the knowledge that he would win the referendum. What a twat. And just look what he's brought on us. Chaos. Have a little read:

From Wiki (which must be accurate because I sent Jimmy Wales my annual ten quid yesterday). Yes the bloody leaflet, mentioned below, muddies the waters and is currently giving succour to panic-stricken brexiteers, but that's only because it was badly drafted.

The Act        

The act legislated for a referendum to be held in the United Kingdom and Gibraltar on whether to remain a member of the EU, to be conducted by the Electoral Commission and overseen by an appointed "Chief Counting Officer" (CCO) and a "Deputy chief counting officer" (DCCO) who will declare the final result for the United Kingdom and by regulation orders the Secretary of State to appoint a date for the holding of the referendum under the following circumstances:

The Referendum must be held no later than 31 December 2017.
The Referendum cannot be held on 5 May 2016 or 4 May 2017.
The Electoral Commission is the public body under the terms of the Political Parties, Elections and Referendums Act 2000 that was given the task to raise public awareness ahead of polling day, and to oversee the conduct of the referendum.

The act made no provision for the result to be legally binding on the government or on any future government.The result of the referendum was to be a single majority vote of the United Kingdom and Gibraltar with no super majorities, double majorities of the constituent countries or any minimum turnout threshold required for the vote to pass. The act did not specify any specific consequences that would follow the result of the referendum. In the event of a "Leave" vote, the government would decide whether, when, and under what circumstances, the UK would invoke Article 50 of the Treaty on European Union to begin a two-year process of negotiations for Britain to leave the EU.European Union law would remain enforceable in the United Kingdom until or unless the European Communities Act 1972 were repealed.

The referendum

In accordance with the Act and the public duty of the Electoral Commission, an impartial guide was posted to every household in the UK and Gibraltar in the week beginning of 16 May 2016.

Limitation        

This Bill required a referendum to be held on the question of the UK's continued membership of the European Union before the end of 2017. The bill neither contained any requirement for the UK Government to implement the results of the referendum (although the government advisory leaflet 'Why the Government believes that voting to remain in the European Union is the best decision for the UK' clearly states 'This is your decision. The government will implement what you decide.'), nor did it say explicitly that the referendum is only advisory. On November 3, 2016, the High Court in London ruled that the referendum is only advisory, also known as pre-legislative or consultative, which enables the electorate to voice an opinion which then influences the Government in its policy decisions. The UK does not have constitutional provisions which would require the results of a referendum to be implemented, unlike, for example, the Republic of Ireland, where the circumstances in which a binding referendum should be held are set out in its constitution. In interpreting the intent of the referendum to be advisory by default, the court considered the precedents of previous UK referendums. The referendums held in Scotland, Wales and Northern Ireland in 1997 and 1998 are examples of advisory referendums, where public opinion was tested before legislation was introduced. In contrast, the legislation which provided for the referendum held on AV in May 2011 would have implemented the new system of voting without further legislation, provided that the boundary changes also provided for in the Parliamentary Voting System and Constituency Act 2011 were also implemented. In the event, there was a substantial majority against any change. The 1975 referendum was held after the re-negotiated terms of the UK's EC membership had been agreed by all EC Member States and the terms set out in a command paper and agreed by both Houses.