Brexit Extension Unlawful Says Bill Cash!

I've talked in previous videos about the legality or otherwise of the agreement by our Prime Minister, Theresa May, with the other 27 members of the EU Council to extend the Article 50 process without first gaining the express permission of Parliament.

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This has now happened twice in my non-legal opinion. The first time that took us beyond the 29th March and the second that took us beyond the 12th April.

I previously reported that the chairman of the English Democrats, solicitor Robin Tilbrook, had launched a legal case arguing that the first of these extensions that took EU membership beyond 11 pm on the 29th March 2019 was unlawful and therefore we have actually already automatically left the EU.

Robin Tilbrook also makes it absolutely clear in his latest blog post that his judicial review action only concerns the first extension, not the second one.

And today the Chairman of the European Scrutiny Committee and former shadow Attorney General, Sir William Cash MP, entered the legal fray and writes in the Telegraph on the second extension that:

"After hours of dis­cus­sions with QCs and for­mer judges, I be­lieve the British Govern­ment’s ex­ten­sion of Ar­ti­cle 50 is un­law­ful."

And he says that what the PM has done is 'beyond the pale' and he calls it a 'political betrayal of the referendum vote in June 2016'.

Both are arguing that the Prime Minister's power under the Royal Prerogative to make decision on this were limited by statute as proved by the Miller Case.

This meant that Theresa May did not have the power to enter into those agreements with the EU27 so any resulting statutory instrument that purports to change the Exit date in the Withdrawal Act 2018 is null and void. Ergo we have already left the EU.

Even the Letwin/Cooper Act, the EU Withdrawal Act 2019 that got pushed through parliament in a flash, doesn't explicitly give the PM any specific power to make an agreement with the EU, only to seek an agreement.

In my non-legal opinion, what she should have done in both cases is to bring the date back and get a full act of parliament through that orders the date to be changed by using a resulting statutory instrument.

As Tilbrook writes in his blog:

"The change to ‘exit day’, in a statutory instrument under the European Union Withdrawal Act 2018, can only be made if the Article 50 period has already been extended under international law. If the PM had no power to extend, Parliament could not lawfully make the statutory instrument."

So Robin Tilbrook and Bill Cash both seem to be saying the same thing.

The Tilbrook judicial review case, as I've already said, has been lodged with the Administrative Court asking it to declare that, because the PM had no power to agree the extension then the UK did leave the EU on the 29th March 2019.

The government is expected to reply to the case by the 17th of April.

And if the government loses this one it will of course have to appeal and if it is allowed (and would there be any doubt about that) that's when it gets difficult for Tilbrook as the costs will probably go through the roof. And not enough dosh will mean the case is lost!

Let's hope for a speedy decision and that Tilbrook gets the money through his crowdfunding appeal and wins his case!

But for me, I feel thoroughly cheated by this Tory government and its leader.

I campaigned and voted to Leave because of the undemocratic nature of the EU.

And now I find that our UK government is not only just as undemocratic it is all not above breaking the law to be undemocratic.

This is a return to rule by decree, something that every single one of us should feel extremely uncomfortable with.

All I can say as I usually do, is vote and vote wisely.

If, out of habit, you vote in the same old way then you will be shafted in the same old way.

Anyway - Please share and comment - and thanks for watching.

Sources:

'Mrs May is us­ing her pow­ers to frus­trate Par­lia­ment. Legally, this is be­yond the pale' by Bill Cash (Telegraph)

Jeff Taylor Brexit,Brexit,politics,news,sir william cash,bill cash,robin tilbrook,tilbrook,article 50,article 50 legal case,royal prerogative,miller case,