nomadking |
06-10-2019 09:46 |
Re: Brexit Development(s) Discussion
Quote:
Originally Posted by Hugh
(Post 36012904)
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The backstop breaks EU law. It's not transitional and can only be in any future agreement.
How is a law that says X is evicted if they don't stop the anti-social behaviour of Y & Z, valid? Just completely absurd by any stretch of the imagination. It effectively puts the power to evict X, in the hands of Y and Z. Would people on the street be happy to give their neighbours that sort of unfettered power?
As the Benn bill involves making a "treaty", ie further delays, with the EU, shouldn't it have been subject to the Constitutional Reform and Governance Act 2010
Quote:
20Treaties to be laid before Parliament before ratification
(1)Subject to what follows, a treaty is not to be ratified unless—
(a)a Minister of the Crown has laid before Parliament a copy of the treaty,
(b)the treaty has been published in a way that a Minister of the Crown thinks appropriate, and
(c)period A has expired without either House having resolved, within period A, that the treaty should not be ratified.
(2)Period A is the period of 21 sitting days beginning with the first sitting day after the date on which the requirement in subsection (1)(a) is met.
(3)Subsections (4) to (6) apply if the House of Commons resolved as mentioned in subsection (1)(c) (whether or not the House of Lords also did so).
(4)The treaty may be ratified if—
(a)a Minister of the Crown has laid before Parliament a statement indicating that the Minister is of the opinion that the treaty should nevertheless be ratified and explaining why, and
(b)period B has expired without the House of Commons having resolved, within period B, that the treaty should not be ratified.
(5)Period B is the period of 21 sitting days beginning with the first sitting day after the date on which the requirement in subsection (4)(a) is met.
...
25Meaning of “treaty” and “ratification”
(1)In this Part “treaty” means a written agreement—
(a)between States or between States and international organisations, and
(b)binding under international law.
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That's primary law and not easily overturned.
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