THE TTALK QUOTES 

On Global Trade & Investment
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No. 20 of 2019
MONDAY, MARCH 18, 2019

Click HERE for last Wednesday's quote from Senator Ron Wyden.  
NO-DEAL BREXIT AND BRITISH LAW
     
"The House of Commons by motion cannot change the law."
 
Jacob Rees-Mogg 
March 13, 2019
CONTEXT
Editor's note: Quotes are things that have been said.  And so, these TTALK Quotes are fragments of history.  That is as true of today's quote as it is of quotes from earlier centuries.  We say that because the issue at the core of today's quote, Brexit, is moving at breakneck speed.  Today's entry is about where things stood on March 13.  Where they are now, March 18, is largely a topic for another day.

Jacob Rees-Mogg is a Conservative Member of Parliament, where he is the MP for North East Somerset.  It is a constituency in the southwest corner of England that includes the ancient Roman town of Bath.  Though a backbencher, Mr. Rees-Mogg is one of the better-known champions of the drive to have Britain leave the European Union, a drive that was given initial political force by the 2016 referendum on the issue and immensely complicated the politics that have evolved since.

Today's quote is from a YouTube clip in which Mr. Rees-Mogg is being interviewed by a reporter from The Sun.  It was filmed last Wednesday, March 13.  That date is important because both Mr. Rees-Mogg and the woman interviewing him focused in part on a vote in Parliament they expected would be taken that evening.  This was to be a motion to have the UK leave the EU without a deal.  That motion was rejected.  That vote by itself did not really take a no-deal Brexit off-the-table, because a no-deal Brexit is clearly contemplated by the law that authorized Prime Minister Theresa May to trigger Article 50 in the first place. 

Mr. Rees-Mogg's interview with The Sun took place in advance of the vote, but he correctly anticipated the result, and then put that outcome, the defeat of a no-deal motion, in perspective.  Here is a bit more from that interview:

MR. REES-MOGG [On the upcoming motion]: I think it's highly unlikely that my side of the argument [those in favor of a no-deal Brexit] will win.
 
INTERVIEWER: [Observes that the vote won't change the legal situation.] 

REES-MOGG: Brilliant! You're quite right.  That's the key point.  ...
This does not change the law. 

And we have a very important constitutional system.  ...  The law is changed by a series of readings-committee stage, report stage in the House of Commons; the same thing then in the House of Lords and then Royal assent.  This is a detailed, thorough process.  The House of Commons passes motions every day of the week, on important things and on trivial things.  But these are not the law.  If the House of Commons could rule by decree, we would be in a dictatorship rather than a democracy.  It's simply not how our systems work.  It would be arbitrary government.  So, the House of Commons by motion cannot overturn the law.  That's quite right and very important.  If it wants to change the law, it has to introduce a bill.  And there is no prospect, I don't think, of getting a bill through to reverse Brexit between now and the 29th of March.  
COMMENT
Considering the developments of the last few days, T. S. Eliot comes to mind and these lines from The Love Song of J. Alfred Prufrock:

In a minute there is time
For decision and revisions which a minute will reverse.

So far this year, the House of Commons has twice voted down the withdrawal agreement negotiated by Prime Minister May, first in January and then again last week.  And today, the Speaker of the House of Commons John Bercow ruled that Mrs. May cannot ask the House to vote again on the same measure absent some meaningful change to the proposed agreement.  Also last week, the House voted in favor of extending Article 50 - that is, the negotiations with the EU - until June 30, 2019.  For that to have any effect, however, the other members of the European Union - all 27 of them - would have to agree.

Will they?  We don't know.  But there is the growing sense one gets that the EU itself is beginning to see the downsides to delay.  Last Thursday, for example, Guy Verhofstadt spoke passionately against extension in the European Parliament.  Yes, there was a caveat.  An extension based on a clear statement of objectives from the British Parliament might be considered he said.  But that was almost a throwaway thought.  What Mr. Verhofstadt, a Member of the European Parliament from Belgium, does not want is political debate in Europe that is forever hijacked by the Brexit issue.  He also doesn't want a fresh infusion of Eurosceptics in the European Parliament, lined up behind Nigel Farage.
 
Considering just those few developments, we're not about to make any new Brexit predictions.  The exception is this.  We do expect to be talking about Brexit and the British-EU relationship for a long time to come.

That should give us an opportunity to correct this last speculation should further research or a knowledgeable colleague point out an error.  The speculation.  It seemed to us that the law in question an "Act to Confer power on the Prime Minister to notify, under Article 50(2) of the Treaty on European Union, the United Kingdom's intention to withdraw from the EU," was effectively forced on the government by those in the remain camp.  Prime Minister May's original thought was to trigger Article 50 on the government's own authority.  It is after all a treaty, and we assume - we don't know but we assume - that the British government has on previous occasions withdrawn from treaties without the benefit of specific legislation.  But this withdrawal is special, and it has its own law.  
SOURCES & LINKS
Motions Do Not Trump Law is a link to the YouTube clip of Mr. Rees-Mogg's March 13 conversation with a reporter from The Sun referenced above.  This was the source for today's featured quote.

Not for Delay is the YouTube clip from March 14 that highlights the remarks of Guy Verhofstadt mentioned above.

The Speaker's Ruling takes you to the YouTube video from earlier today in which John Bercow rules that the Government may not ask the House of Commons to vote again on the withdrawal agreement that has already been rejected twice.

Prufrock takes you to the text of The Love Song of J. Alfred Prufrock.

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