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12-09-2020, 05:15 PM
31

Re: UK Legal Position on the Northern Ireland Protocol

Originally Posted by Donkeyman ->
Does that mean that Boris CANT over rule the lords SG ???

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He can completely ignore the Lords. They are a revision chamber that provide ammendments that can be ignored (like in the fisheries bill).
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12-09-2020, 05:34 PM
32

Re: UK Legal Position on the Northern Ireland Protocol

My understanding is that if it was in the Tory manifesto then the Lords can be bypassed. The DUP MP Danny Wilson was on radio the other night and said it was in the manifesto.
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12-09-2020, 06:13 PM
33

Re: UK Legal Position on the Northern Ireland Protocol

Originally Posted by Takahashi ->
My understanding is that if it was in the Tory manifesto then the Lords can be bypassed. The DUP MP Danny Wilson was on radio the other night and said it was in the manifesto.

Good point
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13-09-2020, 01:10 AM
34

Re: UK Legal Position on the Northern Ireland Protocol

Originally Posted by Bread ->
Good point
It would be, if it was in the manifesto, but it isn't.

The lords can stop the bill by endlessly sending it back to the HoC. This bill won't make in its present form.
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13-09-2020, 06:43 AM
35

Re: UK Legal Position on the Northern Ireland Protocol

Originally Posted by Solasch ->
It would be, if it was in the manifesto, but it isn't.

The lords can stop the bill by endlessly sending it back to the HoC. This bill won't make in its present form.

No they can't. You're making things up again.

You should read your own links.
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13-09-2020, 12:35 PM
36

Re: UK Legal Position on the Northern Ireland Protocol

Originally Posted by Bread ->
No they can't. You're making things up again.

You should read your own links.
The House of Lords cannot delay a money bill (a bill that, in the view of the Speaker of the House of Commons, solely concerns national taxation or public funds) for more than one month. Other public bills cannot be delayed by the House of Lords for more than two parliamentary sessions, or one calendar year. In this case boris' stated objective to get a trade deal, would be halted.
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13-09-2020, 03:10 PM
37

Re: UK Legal Position on the Northern Ireland Protocol

Originally Posted by Bread ->
He can completely ignore the Lords. They are a revision chamber that provide ammendments that can be ignored (like in the fisheries bill).
Thats what l thought, so thats ok then, lets get on with it !!

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13-09-2020, 03:18 PM
38

Re: UK Legal Position on the Northern Ireland Protocol

Originally Posted by Donkeyman ->
Thats what l thought, so thats ok then, lets get on with it !!

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Perhaps this is easier to follow.....https://www.express.co.uk/news/polit...ords-explained
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13-09-2020, 03:52 PM
39

Re: UK Legal Position on the Northern Ireland Protocol

I've been reading a lot around the legal ins and outs of this proposed Bill and, after some little while have come to the following conclusions:

The UK is not breaking international law. The Vienna convention that all and sundry are saying covers treaties between states and countries rules on this point. The EU is neither a state as recognised by the United Nations nor is it an international organization.

The Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations is an extension of the Vienna Convention on the Law of Treaties which deals with treaties between States. It was developed by the International Law Commission and opened for signature on 21 March 1986.

Article 85 of the Convention states that this extension will enter into force once ratified by 35 States (international organizations may ratify, but their ratification does not count towards the number required for entry into force). As of February 2019, the treaty has been ratified by 32 states and 12 international organizations. As a result, the Convention is not yet in force.

As this extension is not in force, all attempts to take Boris to the ECJ or whatever is doomed to failure because the UK IS NOT breaking International law.

In addition to the above, and I'm sure Solly will totally disagree with me here, the Withdrawal Act has clause 38 allowing GB to deviate from the treaty if necessary. What the EU proposes for Norn Iron is in breach of the Good Friday Agreement. Canada, Australia and New Zealand have similar laws to alter treaties, because their Parliaments are sovereign.
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14-09-2020, 11:53 AM
40

Re: UK Legal Position on the Northern Ireland Protocol

Originally Posted by Percy Vere ->
I've been reading a lot around the legal ins and outs of this proposed Bill and, after some little while have come to the following conclusions:

The UK is not breaking international law. The Vienna convention that all and sundry are saying covers treaties between states and countries rules on this point. The EU is neither a state as recognised by the United Nations nor is it an international organization.
I thought the way it worked is that the EU has treaties with all member states and agrees every piece of legislation via that arrangement and their representatives at the European Parliament. They ratified the withdrawal agreement back in Feb. So based on that we are breaking international law. We appear to have signed something without reading it properly.
 
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