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Supreme Court Brexit Appeal
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luckylegs
08-12-2016
Originally Posted by OLD HIPPY GUY:
“Every UK employment law can be discarded at the whim of the government in power at the time, whereas the EU laws could not be,

why do you think so many Tories mention "EU meddling in our employment laws" as one of the reasons for leaving?
I can't remember the name of the Tory minister (I'm sure someone will help) who said that being free from the restraints of EU employment laws was "an exciting prospect"

Boris Johnson has said that "British workers will have to learn to be more flexible" in their attitudes towards employment rights once we leave the EU,

Priti Patel is also on record saying words to the effect of, leaving the EU will free British business from the restrictions imposed by EU employment laws.
She also claims that the average British worker is lazy, it certainly does not bode well for the working poor.

Fortunately for me I shall be claiming my old age pension by the time we are out, although the signs are that pensioners are being set up to be the next Tory targets for the "scrounger" treatment.”

See below you've just cancelled each other out.

Oh and see my post about Cameron trying to extend the opt outs in his renegotiation of staying in the EU bollocks.

Originally Posted by HR Guru:
“Regardless of all of that, - large amount of domestic employment legislation would be nullified by exiting the EU. It can't happen without Parliament.”

Exactly - oh this is getting tedious.
wizzywick
08-12-2016
So, Gina Miller goes to court to protect the sovereignty of parliament and the sovereignty of parliament carry out a legitimate parliamentary motion - that is possibly the pre-cursor of a bill, and she says it isn't good enough. Why isn't it good enough? Because the MP's voted in favour of Brexit and not against! Is she going to take the Government to court every single time they win a vote she doesn't approve of?
luckylegs
08-12-2016
Originally Posted by HR Guru:
“You claimed:

Actually the UK employment regulations are better than most EU countries, most Employment regulations the EU come up with has an opt out clause rendering them useless..

So I asked for the bit in bold. I know there isn't any apart from the Working Time Regulations 48 hour/week rule which only the UK has an opt out to because we wanted one.

So again, please give us some examples to back up your claim.”

See the problem you have with this sort of shit and quoting it as some loss if we leave the EU is actually meaningless to be honest in terms of the UK.

David Cameron and his government were trying to circumvent them anyway without your knowledge at least now it is out there for discussion - see below link.

http://www.telegraph.co.uk/news/news...eferendum.html

"David Cameron will demand that Britain is able to ignore most of the employment rules imposed on the UK by Brussels as part of his renegotiation with the European Union, it can be disclosed.

The Prime Minister will open up open a major new front in his battle with the EU ahead of Britain’s in-out referendum by seeking to restore opt-outs on the Social Chapter that were jettisoned by Tony Blair"

You are more likely to keep them leaving the EU than you would have had we had stayed under Cameron and his cronies idea of being in the EU.

http://www.employmentlaws.co.uk/guide/brexit.html

"The only way to ensure long-term certainty on these issues, as with many others, is for them to be addressed in the withdrawal agreement between the UK and the EU.”

I rest my case on leaving the EU it didn't and does not protect us in the slightest it is just another layer of administration that our government can hide behind and blame for their ineptitude and constant drive towards making money for themselves while everyone else is drowning in poverty and creating an underclass. All the while we are paying them to then administer the money back to us on something they think we should have.
HR Guru
08-12-2016
Originally Posted by wizzywick:
“So, Gina Miller goes to court to protect the sovereignty of parliament and the sovereignty of parliament carry out a legitimate parliamentary motion - that is possibly the pre-cursor of a bill, and she says it isn't good enough. Why isn't it good enough? Because the MP's voted in favour of Brexit and not against! Is she going to take the Government to court every single time they win a vote she doesn't approve of?”

Gina Miller has said no such thing! The judges did, the government put a statement out saying it last night.
Aurora13
08-12-2016
Originally Posted by wizzywick:
“So, Gina Miller goes to court to protect the sovereignty of parliament and the sovereignty of parliament carry out a legitimate parliamentary motion - that is possibly the pre-cursor of a bill, and she says it isn't good enough. Why isn't it good enough? Because the MP's voted in favour of Brexit and not against! Is she going to take the Government to court every single time they win a vote she doesn't approve of?”

Are you genuinely not understanding all this or just trolling? It's all explained in news and even in this thread
Orri
08-12-2016
Originally Posted by wizzywick:
“So, Gina Miller goes to court to protect the sovereignty of parliament and the sovereignty of parliament carry out a legitimate parliamentary motion - that is possibly the pre-cursor of a bill, and she says it isn't good enough. Why isn't it good enough? Because the MP's voted in favour of Brexit and not against! Is she going to take the Government to court every single time they win a vote she doesn't approve of?”

The essential difference is that a motion does not involve the House of Lords. Nor does it involve any of the devolved legislatures. There is a process for overcoming resitance from the House of Lords who, if this involves laws and rights, must be consulted.

The only potential short cut if it comes to the mechanisms of leaving the EU would be for the House of Lords to pass the same motion and the devolved legislatures give consent.
wizzywick
08-12-2016
Originally Posted by Aurora13:
“Are you genuinely not understanding all this or just trolling? It's all explained in news and even in this thread”

Trolling? I could say the same about you!
Kiteview
08-12-2016
There was a rather interesting point made by Mr Gill QC today in the court about EEA citizens here and what their status would be under the immigration Acts, namely:

Quote:
“.... what will happen is that on the day of withdrawal, and you will just have to go through the legislation, I am afraid, but believe me, I am right, that on the day of withdrawal, my clients are here without leave, they are committing a criminal offence, ...”

So, we could be potentially facing a sudden increase in our criminal population by over 3 million!

I can't help wondering about the cost of imprisioning and/or deporting over 3 million criminals. Would it be cheaper to avoid those two options and perhaps just to turn the entire country into a vast open-air prison instead?
allaorta
08-12-2016
Originally Posted by Orri:
“The essential difference is that a motion does not involve the House of Lords. Nor does it involve any of the devolved legislatures. There is a process for overcoming resitance from the House of Lords who, if this involves laws and rights, must be consulted.

The only potential short cut if it comes to the mechanisms of leaving the EU would be for the House of Lords to pass the same motion and the devolved legislatures give consent.”

The devolved are represented in Parliament by MPs.
allaorta
08-12-2016
Originally Posted by Kiteview:
“There was a rather interesting point made by Mr Gill QC today in the court about EEA citizens here and what their status would be under the immigration Acts, namely:



So, we could be potentially facing a sudden increase in our criminal population by over 3 million!

I can't help wondering about the cost of imprisioning and/or deporting over 3 million criminals. Would it be cheaper to avoid those two options and perhaps just to turn the entire country into a vast open-air prison instead? ”

You're assuming Gills opinion is right.
wizzywick
08-12-2016
Originally Posted by Kiteview:
“There was a rather interesting point made by Mr Gill QC today in the court about EEA citizens here and what their status would be under the immigration Acts, namely:



So, we could be potentially facing a sudden increase in our criminal population by over 3 million!

I can't help wondering about the cost of imprisioning and/or deporting over 3 million criminals. Would it be cheaper to avoid those two options and perhaps just to turn the entire country into a vast open-air prison instead? ”

Yes, that part was nothing but ifs and maybe's and when is law ever dictated by ifs and maybes? You could have equally argued that EU citizens will be perfectly fine. I don't think the judges should make a ruling on whatiffery.
tim59
08-12-2016
Originally Posted by wizzywick:
“Yes, that part was nothing but ifs and maybe's and when is law ever dictated by ifs and maybes? You could have equally argued that EU citizens will be perfectly fine. I don't think the judges should make a ruling on whatiffery.”

Well the judges are not being asked to over turn the vote. http://www.bbc.co.uk/news/uk-politics-38247937. Supreme Court president: Court won't overturn Brexit vote
wizzywick
08-12-2016
Originally Posted by tim59:
“Well the judges are not being asked to over turn the vote. http://www.bbc.co.uk/news/uk-politics-38247937. Supreme Court president: Court won't overturn Brexit vote”

No, but they could stall it. My point about whatiffery remains. Some of the points made were about what if and maybe. No case can be judged on that.
Beanybun
08-12-2016
Originally Posted by wizzywick:
“Trolling? I could say the same about you!”

No sane, intelligent person could have followed the news, or even this thread and persist in making the sort of terrible point which you've pursued.. I believe you to be both sane and intelligent, so can only assume you're engaged in some experiment as to the far parameters of post factualism. Good luck with that...
allaorta
08-12-2016
Originally Posted by Beanybun:
“No sane, intelligent person could have followed the news, or even this thread and persist in making the sort of terrible point which you've pursued.. I believe you to be both sane and intelligent, so can only assume you're engaged in some experiment as to the far parameters of post factualism. Good luck with that...”

Reminds me of some of the legal stuff I listened to today, never use one word when twenty five will do.
Eurostar
08-12-2016
Watching Gina Miller on the BBC News tonight, it's disgusting to hear of the abuse she has taken for being a woman, for being coloured and for being born outside the UK. Certain sections of the media were playing with fire by demonising her in the way they did and were practically inviting the online trolls to attack her.
Aftershow
08-12-2016
Originally Posted by wizzywick:
“So, Gina Miller goes to court to protect the sovereignty of parliament and the sovereignty of parliament carry out a legitimate parliamentary motion - that is possibly the pre-cursor of a bill, and she says it isn't good enough. Why isn't it good enough? Because the MP's voted in favour of Brexit and not against! Is she going to take the Government to court every single time they win a vote she doesn't approve of?”

Haven't we already been through this? A motion doesn't change the law of the land.
Orri
08-12-2016
Originally Posted by allaorta:
“The devolved are represented in Parliament by MPs.”

Given it's panto season, Oh no they aren't.


More seriously given their elections are in different years and are elected on a PR basis there's a potential for a different makeup in them than at Westminster.
Aye Up
08-12-2016
Originally Posted by HR Guru:
“It isn't as NI is intrinsically linked to the Republic. Do your homework.”

Coming from the person who got mixed with which country had a constitution?

So tell me in what way is Ireland intrinsically linked with the North?

They share heritage, NI residents can apply for an Irish passport, culturally they have much in common.

So what legal basis is there where exiting the EU will affect the constitution of the Republic?

As for doing my homework, I spent an entire year researching the troubles, the intrinsic link you speak of is non existant in a legal sense.
allaorta
08-12-2016
Originally Posted by Orri:
“Given it's panto season, Oh no they aren't.


More seriously given their elections are in different years and are elected on a PR basis there's a potential for a different makeup in them than at Westminster.”

Tell me which MPs from devolved regions don't represent their country.
Beanybun
08-12-2016
Originally Posted by allaorta:
“Reminds me of some of the legal stuff I listened to today, never use one word when twenty five will do.”

Well, I'm happy to be compared to Messrs Pannick, Wolffe, Gordon and Gill. People who actually know stuff...

Apologies if you find my Brobdingnagian observations a pain in the gluteus maximus...
Orri
08-12-2016
Originally Posted by allaorta:
“Tell me which MPs from devolved regions don't represent their country.”

There's no guarantee that they represent the devolved legislatures. For instance a rainbow coalition might conceivably take over at Holyrood. A bit far fetched but possible. More relevant is that after the 2010 GE there were only 6 SNP MPs but the next year they gained a majority at Holyrood.

I said legislatures as they are the ones who give Legislative Consent, or withhold it.
James2001
09-12-2016
Originally Posted by Eurostar:
“Watching Gina Miller on the BBC News tonight, it's disgusting to hear of the abuse she has taken for being a woman, for being coloured and for being born outside the UK. Certain sections of the media were playing with fire by demonising her in the way they did and were practically inviting the online trolls to attack her.”

Is it remotely suprising though when you look at the media and many of the people who support brexit?
thenetworkbabe
09-12-2016
Originally Posted by Mr Oleo Strut:
“Very interesting. What it has confirmed for me is the totally unsatisfactory nature of the British constitutional arrangements, especially use of the Royal Prorogative and manipulation of political procedures to bypass Parliament. It is all a shabby, devious throwback to murky medieval times, and it must be cleaned up now. If the establishment don't like it they can pack their bags and clear off to their tax-havens as soon as they like. The U.K. Is no longer the private plaything of the Monarchy and their cronies. The UK desperately needs a proper written constitution to protect us from predatory and devious politicians.”

No because no Parliament can cope with the sheer volume of decisions , and proceedures, and minute to minute decision making, that requires action. You can't have a debate in a nuclear attack, or debate every DWP guidance note, or what an ambassador says, or to push fire on an aircraft. You need the Royal prerogative and to delgate that to ministers and officials. All modern states give their Head of States residual powers, no Parliament's negotiate treaties, and they don't have the sole power to end them , because events may mean breaking them quickly.

You also don't want your police, security service , military, or judges appointed by politicians - you don't want Corbyn deciding which terrorists to arrest, or bug , or party politicians appointing civil servants , generals , and policemen.

Written constitutions have the opposite problem. You are stuck when things don't work as they intended them to. In this case, you would still have to have thought of how to leave the EU - when no one thought it would ever happen, And you would need to still allow people to cut off treaties - without lawyers turning up, saying you couldn't go to war - because some locals would lose their rights to work in the hostile country.

The US constitution also doesn't work as intended - because there's no ability to reach consensus and much more to do. That means you delegate authority down to officials, and up to Presidents ,who take more executive actions . And you then find their Supreme Court has to intervene , to decide whats constitutional or not, anyway.
Eurostar
09-12-2016
Originally Posted by James2001:
“Is it remotely suprising though when you look at the media and many of the people who support brexit?”

The whole onset and prevalence of social media has coarsened public discourse no end. Apparently Ms Miller has received several threats of sexual violence from the nutters at their keyboards and that's alongside all the name calling. You would think the press would be a bit more responsible and not attempting to turn this lady into a public hate figure.
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