The Referendum on UK’s continued membership of the EU could be a cynical trap.
Strictly speaking the Vienna Convention for Treaties confirms that Heath’s treachery means our membership of the EU is null and void. However such legalities are completely ignored by our political elite.
1. Referenda have no legal status. If the result is overwhelmingly in favour of leaving the EU the government can quite legally ignore it. This has happened in France and Holland where their ‘No to the EU’ was rejected “as the voters did not understand what they were voting against”. The Irish gave the ‘wrong’ result and were force to do it again. The EU poured millions of euros into Ireland to bribe and spin their way to the ‘correct’ result.
2. Will a date be given or will Cameron and his successors continually ‘kick the can further down the road’ so we never arrive at a fixed date. It should be remembered that Cameron is a habitual liar. (see no 14 below)
3. Who will write the question. How that is written can guide the voter to a given desired result.
4. Who will have the vote? It could well be all EU citizens in the UK (or even all EU citizens after March 31 2017) but must only be those who have been UK citizens prior to 1997 (and their children). If post 1997 EU citizens are allowed to vote it will be a dishonest and rigged Referendum against the UK citizens.
We have the example in the Scottish Referendum where the soldiers in the Scottish regiments were not allowed to vote while very many non Scottish EU citizens were.
5. Will the BBC, EU funded Charities and other media give equal air/radio/newspaper exposure to both sides without subliminal pro EU messages being inserted into other programmes? If so who will monitor such messages?
6. The EU will pour millions of euros into a ‘Stay In’ campaign of spin and bribery. Probably not directly but by proxy through the many UK Institutions that receive EU funding.
7. There are direct parallels with 1975 when the Americans were allowed by the British government to run the campaign – every detail – and paid about $20 million for it plus a whole lot of extras like a top US documentary maker with the only 3D camera in the world at the time to make the cinema ads.
8. Who will fund the ‘Out of the EU campaign’? Will it have to be equal to the ‘Stay In’ campaign funding?
9. Who will run the Referendum? Will it be equal teams of Pro and Anti EU?
10. We can leave the EU by using Article 50 of the Lisbon Treaty. However it would take perhaps 4 – 5 years to accomplish, It would have to agreed by all the other 26 countries (UK would be excluded from the discussions) and the penalty costs would be horrendous.
11 The possibility of a rigged Referendum is all too real. The viable alternative without any risk would be to repeal the 1972 European Communities Act. If our MPs were so minded that could be done in 48 hours with no financial penalties.
12. The most important aspect of this is that the founders of the EU were meticulous in drafting it to ensure that there is no way that anyone can change it. The hollow promise to reform the EU is a fraudulent promise of the worst kind.
13. There is also the possibility that if Cameron believes he will lose the could make all migrants and illegals UK citizens so they can out vote the Brits.
14 Cameron’s promise of a Referendum after 2017? It could be run by proxy by UK agents of those accountable to the EU. The EU Constitution was rejected by France and Holland so it was rearranged by Giscard d’Estaing as the Lisbon Treaty. A new label on the tin but the contents were the same. Several paragraphs were removed and scattered in several other treaties to deliberately make them almost impossible for anyone but a very experienced constitutional expert to find and decipher.
16 EU intends that all EU citizens who happen to be living in the UK, if only temporary, will have the vote in UK and so significantly bias the result against UK citizens and outvote UK citizens in elections. We have the example of the shambolic Scottish Referendum where soldiers of the Scottish regiments could not vote but many non Scottish EU citizens could.
15. A UKIP/Tory pact for the next election? Only if the Tories to sign a legally binding agreement to first repeal the 1972 ECAct before 2017 then have a Referendum to see if we want to rejoin EU or stay out.
16 Overwhelmingly the most satisfactory is to repeal the 1972 Act. If there is a demand have a Referendum then to stay out or apply to rejoin. We will then have full control of running the referendum. We can then renegotiate from strength for a far better deal for UK if the people of the UK decide to do so.
17. If all of the above obstacles are successfully cleared there is one final and almost insurmountable one. A referendum Bill would have to be approved by the House of Lords. Over the last 40 years the HoL has been stuffed with pro EU lords many appointed on extremely dubious grounds. Their cushy lifestyle requires them to vote as the government want.
I quote from page 508 of the book “Spyhunter” by the barrister Michael Shrimpton;
“Ironically, since both British signatories to the Treaty of Brussels, Edward Heath and Geoffrey Rippon QC were agents of the DVD, the treaty was not binding on Britain at all. Under international law, codified in the Vienna Convention on the Law of Treaties, a state is not bound by a treaty if its signatories are corrupted by another party. The idea that the Treaty of Rome is binding on Britain has been touted nonstop since 1973. It simply isn’t true.”
This appears to me to mean that the UK could simply walk away from the EU with no come back at all and without the need to invoke a referendum or Article 50. In which case let the international lawyers argue about it to their heart’s content. Hopefully we could also sue the Conservative Party for the cost of being in the EU for 40 years.
UK Parliament comes to an effective end
Posted on May 16, 2014 by IanPJ
On the 1st November 2014 the right of Parliament to legislate over us in 43 areas, the important ones, will be removed and be made subject to approval. They call it QMV, Qualified Majority Voting.
Each member State will lose it right of Veto over these areas, so Cameron’s idea of negotiation to recover any areas goes out the window at the same time.
The following areas of competence will switch from requiring unanimous approval of all member states to qualified majority voting only:
Initiatives of the High Representative for Foreign Affairs – Nice: Unanimity; Lisbon: QMV
Administrative co-operation – Nice: Unanimity; Lisbon: QMV
Asylum – Nice: QMV; Lisbon: QMV
Border controls – Nice: Unanimity; Lisbon: QMV
Citizens’ initiative regulations – Nice: Unanimity; Lisbon: QMV
Civil protection – Nice: Unanimity; Lisbon: QMV
Committee of the Regions – Nice: Unanimity; Lisbon: QMV
Common defence policy – Nice: Unanimity; Lisbon: QMV
Crime prevention incentives – Nice: Unanimity; Lisbon: QMV
Criminal judicial co-operation – Nice: Unanimity; Lisbon: QMV
Criminal law – Nice: Unanimity; Lisbon: QMV
Culture – Nice: Unanimity; Lisbon: QMV
Diplomatic & Consular protection – Nice: Unanimity Lisbon: QMV
Economic & Social Committee – Nice: QMV Lisbon: QMV
Emergency international aid – Nice: Unanimity Lisbon: QMV
Energy – Nice: Unanimity; Lisbon: QMV
EU budget – Nice: Unanimity; Lisbon: QMV
Eurojust – Nice: Unanimity; Lisbon: QMV
European Central Bank – Nice: Unanimity; Lisbon: QMV
European Court of Justice – Nice: Unanimity; Lisbon: QMV
Europol – Nice: Unanimity; Lisbon: QMV
Eurozone external representation – Nice: Unanimity; Lisbon: QMV
Foreign Affairs High Representative election – Lisbon: QMV
Freedom of movement for workers – Nice: Unanimity; Lisbon: QMV
Freedom to establish a business – Nice: Unanimity Lisbon QMV
Freedom, security, justice, co-operation & evaluation – Nice: Unanimity; Lisbon: QMV
Funding the Common Foreign & Security Policy – Nice: Unanimity; Lisbon: QMV
General economic interest services – Nice: Unanimity; Lisbon: QMV
Humanitarian aid – Nice: Unanimity; Lisbon: QMV
Immigration – Nice: QMV; Lisbon: QMV
Intellectual property – Nice: Unanimity; Lisbon: QMV
Organisation of the Council of the EU – Nice: Unanimity; Lisbon: QMV
Police co-operation – Nice: Unanimity; Lisbon: QMV
President of the European Council election – Lisbon: QMV
Response to natural disasters & terrorism – Lisbon: QMV
Rules concerning the Armaments Agency – Nice: Unanimity; Lisbon: QMV
Self-employment access rights – Nice: Unanimity; Lisbon: QMV
Social Security Unanimity – Nice: QMV; Lisbon: QMV
Space – Nice: Unanimity; Lisbon: QMV
Sport – Nice: Unanimity; Lisbon: QMV
Structural & Cohension Funds – Nice: Unanimity; Lisbon: QMV
Tourism – Nice: Unanimity; Lisbon: QMV
Transport – Nice: Unanimity; Lisbon: QMV
Withdrawal of a member state – Lisbon: QMV
A brief review of the Treaties confirms the Transitional arrangements which allow, only on specific votes, for the Nice Treaty Provisions to apply from 1st November 2014 until March 2017, hence I imagine PM David Cameron’s determination to delay our referendum beyond that date, tying Britain for ever within the non-democratic, totalitarian and now clearly despotic EU.
For your reference, if anyone interested in the Treaty Articles behind this change, here is the legal bit. http://grahnlaw.blogspot.co.uk/2009/07/eu-qualified-majority-voting-qmv.html
E-mail : firstname.lastname@example.org
Whois : http://whois.arin.net/rest/ip/188.8.131.52
I too have wrote a piece on this, as the rules of QMV have now been rewritten? Originally we were to ask 27 members and we needed 255 votes, as all members would have been ‘weighted’, this has now changed. We now need 20 countries to agree and their populations must add up to 65% of the population of the Union? http://t.co/1HhnvYsoyU all links included. We become FULLY INTEGRATED after 31st March 2017, which is why Cameron said LATE 2017 also on this date, we lose right to use Article 50 and the right to Repeal European Communities Act 1972?
Surely UKIP should be shouting this from the roof tops as a cheap, quick way out would be attractive to all eurosceptics.