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1andrew1 12-11-2021 16:26

Re: Britain outside the EU
 
If Article 16 was invoked, it would run and run. I think the government's sensible enough not to deploy it unless it still buys into the Cummings' play book of putting out one fire with a larger fire.

Chris 12-11-2021 16:39

Re: Britain outside the EU
 
Quote:

Originally Posted by 1andrew1 (Post 36100915)
If Article 16 was invoked, it would run and run. I think the government's sensible enough not to deploy it unless it still buys into the Cummings' play book of putting out one fire with a larger fire.

It would, but that’s the whole idea. There has been much talk of “retaliation” from the EU if the UK invokes Art.16 but this misses the fact that any such retaliation can only be within the legal framework set out in the treaty. The EU can’t justify any actions outside of the treaty because in invoking Art.16 the UK isn’t acting outside of the treaty.

The EU can challenge the legality of the invocation - the time-consuming process for which is specified in the treaty - or it can enter into the required arbitration and review process. Again, this process is defined in the treaty and takes time to complete.

As you say, this could be construed as putting out one fire by starting a bigger one, however if this really is the strategy they’ve been following from the outset then it has to be at least possible that there’s a defined objective in mind. My guess is that HMG thinks whatever conditions develop on the ground while the arbitration plays out will become the de facto arrangements for the long term.

jfman 12-11-2021 17:07

Re: Britain outside the EU
 
I like the fact that the presumption that this Government have a plan has been demoted to “at least possible” therefore acknowledging the perhaps more likely possibility that there isn’t one and they are merely leaping from crisis to crisis.

Carth 12-11-2021 17:20

Re: Britain outside the EU
 
Why bother having a plan if nobody follows it? ;)

Hugh 12-11-2021 18:19

Re: Britain outside the EU
 
The plan has to be capable of being workable in the first place, otherwise it’s a wish-lust, not a plan…

papa smurf 12-11-2021 20:46

Re: Britain outside the EU
 
Quote:

Originally Posted by Hugh (Post 36100934)
The plan has to be capable of being workable in the first place, otherwise it’s a wish-lust, not a plan…

Easy tiger, cold shower time;)

Hugh 12-11-2021 22:29

Re: Britain outside the EU
 
Miaaaooowwwww….

1andrew1 12-11-2021 22:49

Re: Britain outside the EU
 
Brexit doesn't seem to be meeting the conventional definition of taking back control of our borders.

Quote:

Brexit has made it easier for small boat crossings to reach UK, refugees say

Outside EU, people can no longer be returned to other European countries under legislation known as Dublin regulation

Refugees living in northern France say Brexit has made it easier for them to reach the UK in small boats, as it emerged that record numbers of people crossed the Channel in one day.

Despite the worsening weather conditions and the UK government’s attempts to deter them, 1,185 people made the crossing on Thursday, according to the Home Office...

Previously, when the UK was part of the EU, under a mechanism known as Dublin the UK could ask other EU countries to take back people they could prove had passed through safe European countries before reaching the UK.

The UK could make “take charge” requests and officials were often able to prove that asylum seekers had passed through other countries thanks to the Eurodac fingerprint database. But since Brexit the UK no longer has access to that database, so it is harder to prove definitively which other European countries small boat arrivals to the UK have previously passed through.
https://www.theguardian.com/politics...k-refugees-say

Carth 12-11-2021 23:40

Re: Britain outside the EU
 
Start sinking the boats, they'll soon pack in

Hugh 13-11-2021 00:54

Re: Britain outside the EU
 
Probably not the best move, as that would be murder…

OLD BOY 13-11-2021 02:42

Re: Britain outside the EU
 
Quote:

Originally Posted by Chris (Post 36100920)
It would, but that’s the whole idea. There has been much talk of “retaliation” from the EU if the UK invokes Art.16 but this misses the fact that any such retaliation can only be within the legal framework set out in the treaty. The EU can’t justify any actions outside of the treaty because in invoking Art.16 the UK isn’t acting outside of the treaty.

The EU can challenge the legality of the invocation - the time-consuming process for which is specified in the treaty - or it can enter into the required arbitration and review process. Again, this process is defined in the treaty and takes time to complete.

As you say, this could be construed as putting out one fire by starting a bigger one, however if this really is the strategy they’ve been following from the outset then it has to be at least possible that there’s a defined objective in mind. My guess is that HMG thinks whatever conditions develop on the ground while the arbitration plays out will become the de facto arrangements for the long term.

Maybe you have misjudged the power of the ECJ!

---------- Post added at 02:42 ---------- Previous post was at 02:40 ----------

Quote:

Originally Posted by Hugh (Post 36100965)
Probably not the best move, as that would be murder…

Or maybe collateral damage?

Hugh 13-11-2021 08:42

Re: Britain outside the EU
 
No, not under International Law (or our own Military Regulations) - undertaking acts whose sole purpose is to kill civilians (and if you sink boats and leave people to drown, that’s what you’re doing) would be an Unlawful Order, and would be refused.

It’s no better than machine-gunning civilians who present no threat to your life - just slower.

The sociopathy is strong in this thread…

Chris 13-11-2021 10:10

Re: Britain outside the EU
 
Quote:

Originally Posted by 1andrew1 (Post 36100958)
Brexit doesn't seem to be meeting the conventional definition of taking back control of our borders.


https://www.theguardian.com/politics...k-refugees-say

I’m pretty sure you know that the Brexit discussion around border control was to do with EU free movement. It’s in rather poor taste for you to be using a humanitarian crisis to try to keep pushing your agenda.

Carth 13-11-2021 10:31

Re: Britain outside the EU
 
Quote:

Originally Posted by Hugh (Post 36100975)
No, not under International Law (or our own Military Regulations) - undertaking acts whose sole purpose is to kill civilians (and if you sink boats and leave people to drown, that’s what you’re doing) would be an Unlawful Order, and would be refused.

It’s no better than machine-gunning civilians who present no threat to your life - just slower.

The sociopathy is strong in this thread…

The French don't seem to mind letting them climb aboard unsuitable boats (many not even wearing a life jacket) at their end . . is that culpable homicide, assisted suicide or something?

ianch99 13-11-2021 10:36

Re: Britain outside the EU
 
Quote:

Originally Posted by Chris (Post 36100981)
I’m pretty sure you know that the Brexit discussion around border control was to do with EU free movement. It’s in rather poor taste for you to be using a humanitarian crisis to try to keep pushing your agenda.

<in a Yoda voice>Denial is strong in this one</in a Yoda voice>

Pearl clutching does not become you. The Brexit was all about "controlling our borders" and actively encouraged xenophobia. Andrew's article is right on point and the irony is off the scale.

There is no agenda here, only reality.


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