Is Her Majesty’s Government acting like a Spiv over Brexit?
1, February, 2017
Is HMG acting like a Spiv or Humpty Dumpty?
The wartime and postwar Spiv was a petty crook living dishonestly by his wits with a little bit of blackmail thrown in. Typically he opened his coat to show sought-after articles like nylon stockings for sale without ration coupons or watches of dubious origin.
Do we have Spivs running Whitehall and Brussels? You judge. One of the weakest parts of HMG’s position on Europe — if not the weakest — is Euratom. It retains a semblance of democracy which the EU has abandoned.
The much vaunted Article 50 deals only with exiting the Lisbon Treaty. It is a pretty poor treaty and many would say: “Good Riddance to it!” Legally it smells like rotten fish. The Lisbon Treaty is practically identical with the dead Constitutional Treaty that was rejected in their Referendums by the French and Dutch . It would have been rejected by the British and a whole string of other democracies — if they had had the chance to vote. They didn’t. Instead the articles were forced undemocraticly through Parliaments against the wishes of their populations. Now that UK referendum that was refused so many times for Maastricht, Amsterdam, Nice, the Constitutional and the Lisbon treaties is coming back to haunt both HMG and Brussels.
The Lisbon Treaty has nothing to do with Euratom, the European Atomic Energy Community. It was agreed as a Treaty of Rome in 1957. It was supported by referendums and free votes in parliaments when all of the present Member States joined.
Lisbon only is rejected.
On 23 June 2016 37 percent of the electorate voted to Leave the European Union. (63 percent refused to vote or voted Remain.) Prime Minister Theresa May wanted to leave immediately but it was as difficult to herd the Brexiteers in her government into a single policy direction on how to leave and what to negotiate. She wished to use royal prerogative powers, just like Henry VIII. That failed when Gina Miller brought the matter to Court.
PM May has now been forced by the UK Supreme Court to introduce an Act of Parliament before the Government can issue the Article 50 letter that says the country would like to leave the EU. Presently, in the European Union (withdrawal) Bill before Parliament, the UK Government is trying some very dubious skulduggery. It is attempting to withdraw from both the European Union and Euratom.The 23 June 2016 Referendum was on Remaining or Leaving the European Union.
The EU is a product of the Lisbon Treaty. The EU is quite separate from the Community.
As far as Brussels and lawyers at the European Court of Justice would look at it, there are two separate treaties with two separate clauses on exit.
The Lisbon Treaty has Article 50. Euratom has something quite different. It has a NON EXIT clause Article 208. Why? because it is about the democratic control of nuclear material and nuclear security. Its aim was to stop an atomic war in Europe. It says:
“The treaty is concluded for an unlimited period.”
The Government has tried to confuse this (but only in British eyes) in the UK’s EU (Amendment) Act of 2008. In it they say that when “they” say “EU” they mean “EU and Euratom” if there is a context that “permits and requires this”. Who judges the context– especially if none exists? Who judges the legality of a surreptitious sale of nylon stockings without a ration coupon? A Spiv or a Humpty Dumpty! The Act has a spiv-like features! Back in 2008, the Act was also the means to refuse the British people a referendum !
Here we can say there is no context given in publications or official Statement that allows HMG to say it is permitted or required to include Euratom with its No-Exit Article.
Are ministers living in Wonderland? This misdemeanor is more serious than Alice in Wonderland where words mean whatever you want them to!
“When I use a word,” Humpty Dumpty said in rather a scornful tone, “it means just what I choose it to mean — neither more nor less.” “The question is,” said Alice, “whether you can make words mean so many different things.” Through the Looking Glass, chapter 6.
This tactic of HMG is fraudulent. The Humpty-Dumpties might want to add exit NATO, the Council of Europe or the UN !!
It is like saying when I bought your second hand car for two hundred pounds, I own your house too because when I say car, I mean ‘car and house’ !!Besides this the real owner — the depository of the treaties — has no document saying that the 27 other Member States agree with this fraudulent, spiv-like practice! Hence the European Court of Justice could not agree with this.
The fairest and simplest amendment to any EU (Withdrawal) Bill would be to omit all mention of Euratom. No one campaigned for exiting Euratom!
In the Brexit campaign I know of no Government Statement or any publication where HMG has specified that the UK is leaving the Euratom treaty. Do you? If so then HMG has NO MANDATE to leave Euratom or alter its status.
Further backgound is available in the free eBook on academia.edu. It is at
In other words the present negotiations will be useless until Europe’s core problem is tackled — distrust of Brussels and also HMG’s refusals to hold timely referendums. The UK should work for democratic reform in Brussels. This should start with the legal requirements that all Councils should be open to the public AS THE TREATIES SAY. The European Community was initiated by Robert Schuman to bring honest Government to Europe. The Commission, Europe’s Honest Broker, should be composed of honest men and women who refuse to be members of partisan organizations or interests.
Author : David Heilbron Price |
, Alice in Wonderland, Brexit, democracy, ECJ, EU, Euratom, Gina Miller, Henry VIII, Humpty Dumpty, NATO, open government, Spiv, Theresa May, Through the Looking Glass, UK |
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