EU referendum legislation was ‘advisory’. So what?

Minister who piloted EU referendum through Parliament admitted it was “advisory” [Image: Herald Scotland].

So that’s that, then – or it would be if there was any sanity to the UK’s politics.

As it is, David Lidington’s admission – that the referendum legislation does not mean the government does not need to repeal the 1972 European Communities Act – will be overruled by the Supreme Court’s ruling in January.

For the record, This Writer believes MPs must ratify the referendum vote if it is to be binding.

Does that mean they can reject the government’s Brexit plan? I don’t know.

It would be nice if we could believe the Conservatives have a plan.

The minister piloting the EU Referendum legislation through Parliament admitted that the vote was merely “advisory”, it has emerged.

Tory MP David Lidington, who is now the leader of the House of Commons but was the longest-serving Europe minister in British history, told MPs in June that the referendum legislation “makes no provision for what follows”.

The commentary has been seen by some as a crucial argument for Remain campaigners in their critical Brexit legal challenge going through the Supreme Court.

Some legal experts believe Lidington’s comments confirm that MPs must now still vote in order to trigger Article 50.

It is argued that a new bill to repeal the 1972 European Communities Act that took Britain into the EU must now be passed by parliament.

Source: Minister who piloted legislation for the EU referendum through Parliament admitted it was “advisory” (From HeraldScotland)

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6 thoughts on “EU referendum legislation was ‘advisory’. So what?

  1. Sven Wraight

    There seems something wrong with the notion that a gov’t can avoid repealing an Act with a Supreme Court ruling rather by going through Parliament, if it finds easier.

    1. Mike Sivier Post author

      The Supreme Court case is about whether the issue should be taken to Parliament at all.

  2. Zippi

    Mr. £idington is ma M.P. I wrote to him, in the run up to the referendum and asked specific questions of him. He was clueless!
    I still say that David Cameron needs to face Parliament, for his irresponsible actions. It was for HIM to make a plan, BEFORE he offered the country the referendum; he had but ONE plan to make. Why is NOBODY holding this man to account?
    Question: given that the referendum was about our membership of the E.U., surely we only need to “undo” those treaties that take us back that far? IS this something worth considering, or am I talking out of my backside?

    1. Mike Sivier Post author

      I certainly agree about Cameron.
      As for undoing the treaties – I think it’s more complicated because time has moved on and our relationship with the other countries and the EU has changed. Parliament must legislate for a UK that is separate from the EU now, not as it was in 1972. So the repeal of the 1972 European Communities Act is only part of it.

    1. Mike Sivier Post author

      Exactly. There’s been a lot of nonsense spoken about the EU referendum, since before it happened I think, and now it seems likely that the people who were talking that nonsense may get their way. I hope not.
      And that’s not to say I want the decision overturned; I just want the law to be kept.

Comments are closed.