Reuters photo
By
Hazel Speed
Secretary of State for Exiting the European Union, David Davis MP, presented the Great Repeal Bill which is necessary in order to expedite the transfer of thousands of pieces of EU Legislation (40 years’ worth), into and under the Sovereign Powers of the UK Parliament now Brexit has been triggered.
This is the most pragmatic way of transference via block and even then it is not such as simple as it sounds. The transaction or conversion, is known as invoking King Henry VIII Powers and one can, therefore, see why the historical references.
In theory, the Government, controlled and headed by The Prime Minister, Mrs May, and then her team under her instructions, will have what equates to Executive Powers, formerly enjoyed by the Monarch, after whom this term has been attributed.
Albeit King Henry VIII detached himself not only from a number of his Wives, but also from the Church of Rome, by the formation of The Church of England, thereby ensuring divorce proceedings were so much easier to facilitate without having regard to the rules of Rome. Then of course, the Abdication, centuries later of King Edward VIII, because the Church of England would not let him marry an American (and divorced woman), Mrs Simpson, brought it almost full circle.
Reverting to Brexit and what is now before Parliament, already, some Opposition Party Leaders and MPs are anxious that Mrs May and her Cabinet, do not ‘flin flan‘ any of these temporary powers within such measures as workers’ rights, and other countless and established areas of agreement throughout the EU which they say should be maintained. That said, other Laws may in due course need ‘tweaking’ or modifying, to better suit UK Laws.
Therefore, it is a case of ‘swings and roundabouts’ – what one can benefit the UK in its present form, another EU Law may need amending, but they all must, as one block, urgently, be converted into UK Parliamentary Law/Legislation first (Sovereignty of Parliament), then in due course MPs will have to either approve some, and/or amend others post debate.
It is the confusion of Sovereignty in the first place which caused Brexit to be taken to the High Court, then the Supreme Court earlier this year as the inter-dependencies of both seem circular to say the least, though I am sure the experts on both sides may disagree.
Many thought the Government or Prime Minister had the right to trigger Article 50 without Parliamentary debate, as per the outline and false promise thereof by Mr Cameron, who said Article 50 would be triggered the following day if the people voted to Leave Europe. Where were all the Parliamentary Scribes then and the Supreme Court Lawyers? They were not around in 1972 either when the UK joined the then EU, albeit named slightly differently then and its remit also bore a slightly different face. There was no ‘hoo-ha‘ either about the vote nor were there any legal challenges.
One wonders how so many powers were given to the EU over all the years? Mind you back in 1972, people were not blatantly trying to overturn democracy as they are now.
All the devolved Constituent Countries (leaving aside the special requirements of Northern Ireland), are taking monies from the recent Budget with one hand and sniping mistrust towards The Prime Minister with the other.
In the times of Oliver Cromwell he was purported to have commented when someone said of King Charles I, when the Monarch’s trial was taking place for Treason (he was hiring foreign Armies to fight Englishmen), ‘what is England without a King?’ – “The King is not England – and England is not the King” retorted Cromwell – so that confirms both the circularity and the distinction, one with the other regarding Sovereignty.
In essence, then, Mrs May will have ‘Henry VIII powers’, albeit only on a temporary basis, yet contrary to the earlier challenge in the Supreme Court as to the Sovereignty of Parliament, we are back in a circular position.
The enigma remains, the Sovereignty of Parliament can still lie with a Prime Minister pro tem regardless of the protocols with our present Monarch. It is both a circular and redundant argument, each negating the other.
Many people I have spoken to are happy to let Mrs May just ‘get on with it’, and to be honest, whilst walking through my local town this morning, the sense of relief that Brexit had been triggered was almost palpable.
At the end of the day, the people are a pretty good collective judge of character and are pragmatic, so can get frustrated at all the sniping in Parliament and political point scoring. They will also be the first to make their views known if their trust in The Prime Minister is no more.
At present, many who would never have voted for her or her Party are impressed and just wish the other Parties and MPs would support her more, unless or until, there is a legitimate reason not to.
Meanwhile some of the executives of the EU have met in Malta and it has not taken long from ‘missing you already’ to inferring they are all stronger without the UK and they are 27 Countries whereas the UK is one on its own. Is that before one counts all the Commonwealth Countries and other Countries waiting to do business with us?
The EU’s statement reflects their inner hurt on the rebound from unrequited love. It has been said they want a divorce first before discussing anything else. The EU are making Mrs May’s job easier as she can blame the EU for what others wanted her to try and seek.
Meanwhile, the remaining Countries of the EU are having to reaffirm allegiances – that says it all really.
Hazel Speed
Photo (c) Hazel Speed – used by kind permision to Tuck Magazine
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