- One last chance to save Britain: leave without a deal by Martin Howe QC Archived Message
Posted by CJ
on April 3, 2019, 1:46 pm
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http://lawyersforbritain.org/why-brexiteers-right-to-reject-theresa-mays-deal "...Fear of the alternatives It is the fear of the alternatives which is driving Brexit supporters to come behind a deal with they hate. To be clear, I don’t dismiss those fears, but no course of action is without risk. Accepting the deal offers the certainty of disaster for the reasons I have explained. Could Theresa May somehow team up with Labour, do another sell-out, and come behind a permanent customs union deal? But her deal already leads to a permanent customs union, just in disguise. An overt adoption of such a plan would make it easier to fight. Might there be a long Article 50 extension? There might be, although the barriers against it happening are a great deal higher than some people think. Having to hold European Parliament elections in the UK in May is very unwelcome both to the EU and to most of Parliament. If it were to happen, a long Article 50 extension would be an appalling betrayal of the referendum result by arrogant Parliamentarians who would rightly be held to account for their actions. But the actual legal consequences would be much less damaging than the May deal. We would still be hugely better off than under the deal. We would have effectively the same transition period as under the deal, with the big difference that we would still have a vote and voice in the EU institutions. But the biggest difference is that we would not be locked into the backstop at the end of 2020 or into the other very damaging parts of the deal which have been overlooked in the furore over the backstop. Superleader could actually come along and negotiate something different from what’s in May’s dreadful deal. An Article 50 extension has to be agreed by EU leaders unanimously. Even more than the European Parliament elections, the prospect of a recalcitrant UK as a full member state vigorously exercising its legal rights and veto powers under a new leader in order to push for a much better negotiated deal is a big disincentive to the EU agreeing to an Article 50 extension. Therefore the prospect of no extension and no deal is much better than most people give credit for. Things are rough at the moment during this end game. But I hail and salute those who continue to resist the Theresa May deal. If it is brought back again next week I hope they will defeat it again. It is not only the principled thing to do – it is the right thing to do pragmatically as well. It is in the clear national interest of our country that this deal must not pass." |
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