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Barnhill, Jura. June 2015. (Thanks to the kindness of the Fletcher family).

An apple tree in an olive plantation?

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Edited by John Gynn, Thursday, 26 Oct 2017, 22:26

This extract, from an interesting article in the International Business Law Journal 2017, notes the existence of two distinct legal systems operating in rare proximity.

"[T]he most notable aspect for the legal practitioner is the creation of an autonomous court system at the heart of the financial centre. Based on English common law, the DIFC [Dubai International Financial Centre] Courts contrast with the civil law regime applicable throughout the rest of Dubai's territory.

In 2004 the Emirate of Dubai initiated a then-unique process: it established on its territory a common law jurisdiction meant to rule upon all civil and commercial disputes relating to the newly created financial free zone.

At its early stage, this very singular configuration was compared to a "Common Law island in a Civil Law ocean".

I.B.L.J. 2017, 4, 289-304

A small Dubai island nestles in the ocean

The image above illustrates the illuminating description made in the I.B.L.J. article of a "Common law island in a Civil law ocean". The DIFC is situated in Dubai in a special economic zone covering 100 hectares.

The recognition of particular benefits of the Common law in the context of commerce reflect Lord Neuberger's thoughts in a lecture given to the Faculty of Law, National University of Singapore Lord Neuberger 18 August 2016:

https://www.supremecourt.uk/docs/speech-160818-01.pdf

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Barnhill, Jura. June 2015. (Thanks to the kindness of the Fletcher family).

Help me Rhondda?

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Chris Bryant, Labour MP for the picturesque Welsh constituency Rhondda, appeared on BBC's Daily Politics today discussing the Bill he introduced (on 17th July 2017) as a Private Member.  

MP Chris Bryant in his picturesque Westminster constituency of Rhondda

http://www.chrisbryantmp.org.uk/about-chris/

His Bill is aimed at protecting emergency workers from assault in the course of their work.

https://services.parliament.uk/bills/2017-19/assaultsonemergencyworkersoffences.html

The Bill starts its Second Reading tomorrow.

The MP said he needs to tweak the definition of emergency worker which he drew too narrowly.

He wants to amend that definition, at Committee Stage, to encompass GPs and nurses.

With EU withdrawal leaving both a gap in Westminster's legislative calendar and creating a stretched out two-year parliamentary session - which has elongated the usual Private Members' Bill process - there may be scope for Chris Bryant's Bill to make some progress before Christmas if it can be slotted into the parliamentary timetable for debate.

The point was made that the Private Members' Bill process very rarely sees a Bill make it to the Statute Book when it comes from an opposition MP.

However it appears that the Westminster MP for Rhondda's Bill has Government support and so, unusually, a Private Members' Bill from the opposition benches could well make it through the parliamentary process.

Chris Bryant (a font of interesting parliamentary facts) said that a successful Private Members' Bill will usually come from a Government backbencher. Indeed the Government can handover a Bill to a Government backbencher and these are known as 'handover bills'.

There could still be some scheduling impact resulting from the elongated session impacting on Private Members' Bills (the two year current session giving rise to some unusual scheduling consequences.

 


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Barnhill, Jura. June 2015. (Thanks to the kindness of the Fletcher family).

World Mental Health day

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Edited by John Gynn, Tuesday, 10 Oct 2017, 23:19

October 10th is World Mental Health day:

World Mental Health day image of protective umbrellas

http://www.studentminds.org.uk/looking-after-your-mental-wellbeing.html

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Barnhill, Jura. June 2015. (Thanks to the kindness of the Fletcher family).

“…more than merely the providers of a service” [2017] UKSC 51

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In July 2013, the, then, Lord Chancellor (Chris Grayling), implemented the Coalition Government’s policy which sought, first amongst other policy reasons, to limit vexatious claims, made by disgruntled employees, in employment tribunals.

It appeared, from one perspective at least, that employment rights should be diluted to a degree in the interests of smoother employment tribunal administration.

Viewed over recent decades, the changing regulation of disputes through the employment tribunal system (and earlier industrial tribunals) can be considered like the strata in a geological bore hole revealing, to some extent, the dominant political and economic forces present over time.

This might not always coincide exactly with an election that brings a change of political party in 10 Downing Street as the issue seems to arise most often amidst legislative spring-cleaning. Mr Blair’s government, elected in 1998, for example, waiting until 2004 to rearrange the regulatory furniture in this area – albeit still within the boundaries of the Employment Rights Act 1996.  

Moreover changes may also be tied to a particular ideological flavour within party politics. Steering a centrist course, New Labour’s regulatory ‘feng shui’ itself envisaged the introduction of fees in an effort to control the burgeoning numbers of claims before employment tribunals. At around £100 the New Labour fees were significantly less than those just contemplated in the UK Supreme Court at the behest of trade union Unison.

https://www.theguardian.com/politics/2001/sep/05/uk.tradeunions

Employment relationships are, perhaps, not quite sufficiently urgent a matter to effect change immediately yet are always consciously weighing on the tidy ideology of the incumbent political mind.

Looking back at the legislative movements in this clearly politicised socio-economic field can certainly help to identify which of the two main party political powers have been dominant at any given time in Westminster. (The matter is a reserved one).

A period where employment tribunal regulation tilts in favour of employers tends to arise at the hands of a Conservative administration. A swing more in favour of the employee usually reflects a Labour government at the tiller.

In March 2015 The Guardian published a letter signed by a significant number of lawyers regarding Chris Grayling’s decision:

“The ... fees are a significant barrier to access to justice and are preventing employees from being able to complain about contraventions of their employment rights.

We do not think that the current level of fees can be justified by the suggestion – repeatedly made by the media, politicians and others – that prior to July 2013 a significant percentage of employment tribunal claims were vexatious.

The introduction of fees has had no discernible impact on the outcome of cases. This must mean that meritorious claims are not being pursued because of the fees regime.

The letter urges the government to carry out a review of the fee levels, and urgently. It is signed by 40 QCs and 400 barristers specialising in employment law. Among prominent lawyers supporting the letter are Gavin Millar QC, Helen Mountfield QC and Dinah Rose QC.”

https://www.theguardian.com/law/2015/mar/16/barristers-condemn-chris-grayling-over-steep-rise-in-employment-tribunal-fees

The role of the UK Supreme Court in this context, i.e. with regard to the balance of favour as between employer and employee affected by the regulation of the employment tribunal - the dispute forum that operates to resolve workplace concerns, is to ensure that there is no excessive imbalance effected within the regulation of employment tribunals sufficient to impact upon wider constitutional matters.

In doing so the Court has in mind the inherent inequality in bargaining position as between the parties.

“Relationships between employers and employees are generally characterised by an imbalance of economic power. Recognising the vulnerability of employees to exploitation, discrimination, and other undesirable practices, and the social problems which can result, Parliament has long intervened in those relationships so as to confer statutory rights on employees, rather than leaving their rights to be determined by freedom of contract” (Lord Reed, at para. 6).

Today the UK Supreme Court has held that the Government’s Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013, SI 2013/189 i.e. the introduction of fees, for those seeking to challenge employment issues, represented, just as the lawyers’ letter to The Guardian stated, a barrier to justice. That barrier arising not just within the context of EU law but also under the common law.

The UK Supreme Court has detected an excessive swing to starboard likely to cause bow waves unsettling the wider channel of justice.

And possibly unsettling the wider channel of commerce? Some inevitable, jet largely ignored, consequences of commercial motivation were not explicit with the judgment yet are certainly a possible corollary. The BBC considers that aspect in an interesting programme ‘Decoding the News: Shareholder Value’ (First aired Tuesday 25th July, 2017):

http://www.bbc.co.uk/programmes/b08ys1kz

The summary of today’s judgment (the numbers in square brackets indicate the paragraphs of the authoritative judgment) notes:

 “The Fees Order is unlawful under both domestic and EU law because it has the effect of preventing access to justice. Since it had that effect as soon as it was made, it was therefore unlawful and must be quashed. 

The constitutional right of access to the courts is inherent in the rule of law: it is needed to ensure that the laws created by Parliament and the courts are applied and enforced. Tribunals are more than merely the providers of a service which is only of value to those who bring claims before them [65-85]. As a matter of domestic law, the Fees Order is unlawful if there is a real risk that persons will effectively be prevented from having access to justice, or if the degree of intrusion into access to justice is greater than is justified by the purposes of the Fees Order [86-89].”

 

Unison’s challenge to the legitimacy of the Fees Order of 2013 was rendered more easily surmountable because the change was effected using subordinate legislation.

The apparent lack of any reasoned assessment, within the Government’s calculations, as to the amount of fees proportionate in light of the mischief of vexatious employment tribunal claims seems to have left the Justices distinctly unimpressed:

‘Counsel for the Lord Chancellor were unable to explain how any of the fees had been arrived at.’

Lord Reed, at para. 18, R (on the application of UNISON) (Appellant) v Lord Chancellor (Respondent) [2017] UKSC 51

https://www.supremecourt.uk/cases/docs/uksc-2015-0233-judgment.pdf

Might New Labour’s proposed fee amount of closer to £100 have avoided the judicial assessment in this instance that the level of fees (reaching towards thousands of pounds) was a barrier to justice by being more proportionate?

Whilst the Court viewed that the employment tribunal was, ‘more than merely the providers of a service’, it cannot be ignored that the system is, nonetheless, still a service in some essential aspects of its role.


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Barnhill, Jura. June 2015. (Thanks to the kindness of the Fletcher family).

Graduating with Styles

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Edited by John Gynn, Monday, 24 Jul 2017, 22:14

Congratulations to Peggy Styles, aged 86, as it happens, who this week has collected her doctoral qualification in education after study with Bristol University.

Peggy graduating from bristol university age 86

Picture from Bristol University Twitter:

https://twitter.com/hashtag/BristolGrad?src=hash

The story on MSN web pages:

http://www.msn.com/en-gb/lifestyle/style/this-inspiring-grandmother-proves-its-never-too-late-to-graduate-from-university/ar-AAoBveB?li=AA2FOLs&ocid=spartandhp

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Barnhill, Jura. June 2015. (Thanks to the kindness of the Fletcher family).

European Union Committee Brexit: devolution

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The UK Parliament website indicates that the European Union Committee publishes its report on Brexit and devolution today:

http://www.parliament.uk/business/committees/committees-a-z/lords-select/eu-select-committee-/news-parliament-2017/brexit-devolution-report-publication/

Direct link to the European Union Committee Brexit: devolution. 4th Report of Session 2017-19 - published 19 July 2017 - HL Paper 9:

https://publications.parliament.uk/pa/ld201719/ldselect/ldeucom/9/902.htm


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Barnhill, Jura. June 2015. (Thanks to the kindness of the Fletcher family).

"Please, sir, I want some more." (Charles Dickens, Oliver Twist)

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The master was a fat, healthy man; but he turned very pale. He gazed in stupefied astonishment on the small rebel for some seconds, and then clung for support to the copper…

'For MORE!' said Mr. Limbkins. 'Compose yourself, Bumble, and answer me distinctly. Do I understand that he asked for more, after he had eaten the supper allotted by the dietary?'

Mr. Bumble

Mr. Bumble

There is an interesting debate this evening in the House of Commons as a consequence of the current parliamentary session being scheduled to last longer than usual.

The Labour MP for Walsall South, Valerie Vaz, has tabled a motion to consider some difficulties resulting from the Government’s decision to hold a two-year parliamentary session.

Usually a parliamentary session only lasts one year.

Will one year’s worth of Opposition days now have to stretch across the two-year session?

Will the usual 13 private Members’ bills be doubled in this extended session?

The matter brings to mind a remark by Bilbo Baggins in J.R.R. Tolkien’s Fellowship of the Ring:

“I feel thin, sort of stretched, like butter scraped over too much bread.”


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Barnhill, Jura. June 2015. (Thanks to the kindness of the Fletcher family).

Criminal JuriSPUDence?

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Hopefully they will be acquitted.

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Constitutional Catharsis: “All the world’s a stage” (As You Like It, Act II, Scene VII)

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Edited by John Gynn, Friday, 9 Jun 2017, 21:41

Might there be some constitutional catharsis in the political rollercoaster that has manifested in this interesting General Election result?

If there is, which political actor(s) might it touch? The electorate, the politician, both?

In 1967 Sir Lawrence Olivier discussed the cathartic role of Greek tragedy:

“The point of Greek tragedy, which is the original, was to bring huge crowds of people into a house and purify their souls by a catharsis. And I suppose you could call catharsis a purge of the soul. And that was the point of it. And that made them better. It was rather like going through acts of contrition in more modern religion. A confession and penance and act of contrition and absolution. That, in a way, was the same idea. You suffered a tremendous sense of remorse. Now, what can improve on that situation is that if, for instance, in Othello, there can be a time, and there is a time in the play, when I'm perfectly sure that it's right that the audience should be on Iago's side and want him to hurt Othello. This stupid gentleman, this idiot, this brutal sort of savage, go on, thrash him. Thrash him, go on, thrash him. And then it wouldn't matter if you introduced a kind of absurdity into this character to increase the audience's relish at him being tormented. Now then, that's all right provided you're not too late to make them sorry. And then if you do make them very, very sorry, then that is the catharsis we're after.”

Aeschylus Oresteia

Olivier’s interview on catharsis and drama:

http://search.alexanderstreet.com.libezproxy.open.ac.uk/view/work/2806165

It is probably overly fanciful to equate Olivier’s account of Othello with that supranational constitutional actor recently at the heart of popular political drama.

Perhaps that supranational drama has contributed, however, to portrayals on our domestic stage?

“[B]ecause the multitude naturally is not one, but many; they cannot be understood for one; but many authors.” (Hobbes, Leviathan, 1651, Chapter 16, para. 14).

If it were not for the Athenian practice of counting votes with pebbles (hence ‘psephology’ the study of voting patterns deriving from the Greek for pebble) it might be possible, with some imagination, to view the hundreds of thousands of Xs cast on ballot papers across the UK as comprising something akin to a great and dramatic script.

Curiously there appears to be some visual proximity between Labour’s 2017 manifesto ‘For the Many’ and (the frontispiece at least) of Thomas Hobbes’ Leviathan (whether Hobbes presentation copy or the engraving). The ‘many’ are represented in a distinctly similar manner.

 

The 'many' pictured on both front covers (detail in lower image).

Might this image capture the many authors of a political drama offering constitutional catharsis?

BBC Radio 4 In Our Time on Thomas Hobbes:

http://www.bbc.co.uk/programmes/p003k9l1


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Barnhill, Jura. June 2015. (Thanks to the kindness of the Fletcher family).

Hanging in the Balance

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If the exit poll prediction of a hung parliament (with no one party having an overall majority by reaching the 326 Westminster seats required for a bare working majority) is correct will there be time for an organised coalition government to be composed in time for the anticipated beginning of Brexit negotiations on 19th or 20th June?

Forecasts projecting early regional declarations to a national picture do suggest a working majority may yet be possible for the Conservative party but there are so many variables (not least fuelled by a seemingly high turnout) that the governance of the UK may yet be hanging in the balance.

If the Conservative party majority is not strengthened as anticipated will that impact on the UK's negotiating position with the EU? Probably not vis-à-vis the EU though the internal party dynamic will likely be of real relevance.

The 'others' - Independents, Plaid Cymru, Social Democratic and Labour Party, Ulster Unionist party, Green party and UKIP - may be able to wield significant leverage depending on their own presence in Westminster when the dust settles.

Might there be scope for a 'progressive alliance'/'coalition of chaos' (the appropriate label depending on your perspective)?

Curiously, the Green party vote is not reflecting the recent picture in some local authority voting patterns in early declarations in NE England and Swindon North.

A very interesting picture is developing.

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Barnhill, Jura. June 2015. (Thanks to the kindness of the Fletcher family).

And prologue to the omen coming on? (Hamlet, Act I, Scene I, per Horatio)

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Edited by John Gynn, Saturday, 13 May 2017, 23:01

It seems that the Union Flag fell from the walls of the Eurovision Song Contest venue in a portent seeming to reflect political separation.

Some omens do have constitutional significance attributed to them.

During the funeral procession of King George V, on 28th January 1936, the Maltese Cross fell from the Imperial State Crown as the cortege passed New Palace Yard on its way to Windsor and rolled down the street into the gutter. This struck some as an ill-omen that subsequently manifested in the abdication of Edward VIII on 10th December 1936.

http://www.britishpathe.com/video/the-funeral-of-his-majesty-king-george-v

Equally, flags are synonymous with signals and Royal Navy vessels signal distress by turning the ensign upside down.

In 1863 HMS Orpheus, a sleek, three-masted though engined, warship of teak and mahogany foundered on a sand bank off the New Zealand coast after following an outdated chart.

With a defective telescope the coastal signal station was unable to discern the upturned ensign on HMS Orpheus signalling distress and the delay resulted, tragically, in the loss of many souls as heavy seas broke Orpheus asunder.

HMS Orphues brekas asunder off New Zealand coast

HMS Orpheus by Richard Brydges Beechey (1863) from https://en.wikipedia.org/wiki/HMS_Orpheus_(1860)

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A Perfect 6th & Siren 9th?

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Europe Day on May 6th marks the anniversary of the ‘Schuman Declaration’, given in Paris on that day in 1950, with the EU institutions opening their doors to the public.

https://europa.eu/european-union/about-eu/symbols/europe-day_en

Five years ago, to the day, next Friday, another spectacular facet of European musical culture was in evidence at the Placa de Sant Roc in Sabadell, Catalonia, (a contender for the location of the Sirenum scopuli?):

https://www.bing.com/videos/search?q=flash+mob+beethoven+9th&qpvt=flash+mob+beethoven+9th&view=detail&mid=CB5698BC958E303F6163CB5698BC958E303F6163&FORM=VRDGAR

Odysseus hears the Siren call

Passing the Sirenum scopuli - 'Odysseus bound'.

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Barnhill, Jura. June 2015. (Thanks to the kindness of the Fletcher family).

Lost in Translation?

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Edited by John Gynn, Saturday, 13 May 2017, 21:37

Giving his State of the Union address in Florence on May 5th, the President of the EU Commission, Jean-Claude Juncker, said that the English language (no doubt measuring his comment in light of the UK's secession from the EU) was "losing its importance".

Not so, it seems, in the eyes of the trio of Ukranian presenters hosting tonight's Eurovision Song Contest.

Indeed it seems the early contestants are also performing in English.

It will be interesting to see if the Brexit decision will have any bearing on the position of the UK's entry in a competition where geo-political affinity and messages of solidarity and concern can be aired with some modest impact.

Twenty years, says narrator Graham Norton, since the UK last won.

"Together we'll dance through the storm" ended the lyrics to the UK's (rather good) entry - with quite a cheer throughout the crowd.

Might a vote of post-Brexit solidarity be on the cards to confound recent UK Eurovision results on this occasion?

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Barnhill, Jura. June 2015. (Thanks to the kindness of the Fletcher family).

A Chip off the Old Block?

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Banksy has apparently been busy with a blue flag over a white wall in Dover:

Banksy mural shoes one start chipped off the EU flag

One of the stars being 'removed'.


Picture from The Guardian online:

https://www.theguardian.com/artanddesign/2017/may/07/banksy-brexit-mural-dover-eu-flag

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Barnhill, Jura. June 2015. (Thanks to the kindness of the Fletcher family).

A Weather-Eye on a Historical Moment

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Edited by John Gynn, Tuesday, 2 May 2017, 00:17

Today (Monday) marks 310 years since the Acts of Union came into effect. That anniversary spotted, curiously, in  today's (1st May) The Times  'Weather Eye' by Paul Simons.

It seems that the weather in the 1690s was 'horrendously cold, and Scotland was hit particularly hard.'

There had been a 'disastrous downturn in the climate'.

'The Cairngorms were permanently covered in snow, the seas were so cold that cod couldn't survive, and Eskimos even reached Aberdeen in kayaks, one of which is now on display in the University of Aberdeen Museum.' (Obviously the Eskimos had not encountered anybody with flat feet before embarking - more on that in a related post later).

'The staple crop of oats failed and people were reduced to eating nettles and grass... small wonder that this period was marked by trials of witches, who were blamed for the atrocious weather.'

Paul Simons' very interesting article concludes:

In one final act of desperation, the Scots tried to set up a colony in the Darien jungle of Panama - it was a total disaster that bankrupted the Scottish economy, and the only salvation was the Act of Union with England.'

Conan Doyle's Lost World

I have sometimes wondered if Sir Arthur Conan Doyle set his 'Lost World' on the same Darien Isthmus partly to reflect his personal/political leanings. Having twice run for Parliament in the early 1900s (in Edinburgh and again in the Borders) Conan Doyle's Unionist Party sympathies may have led him to consider Scotland's failed Darien efforts to be illustrative of a position less successful than that which benefitted from Union with Scotland's southern neighbour whose  more successful East India Company venture the Darien scheme was never able to match.

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Prorogation of Parliament

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The ceremonial end of the 56th Parliament is currently just getting underway with the Prorogation being sparked by Commissioners  acting on behalf of Her Majesty and a spattering of Norman French (different phrases depending on the nature of the bills) to signal Royal Assent for the bills completed in the (unexpected) 'wash up' period that seeks hastily to complete the list of pressing legislative chores.

Chatter amongst the narrators has just turned (in humour only) to whether or not the Norman French might be replaced with an Anglo Saxon alternative in light of Brexit.

http://www.parliament.uk/about/how/occasions/prorogation/


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Barnhill, Jura. June 2015. (Thanks to the kindness of the Fletcher family).

General Election called for early June 2017

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Edited by John Gynn, Tuesday, 18 Apr 2017, 13:12

On the anniversary of the Treaty of Paris  a surprise announcement from PM Theresa May;

http://www.bbc.co.uk/news/uk-politics-39629603

The decision does seem difficult to reconcile with earlier calls from the PM for focus to be on negotiations and constitutional calm a requisite for focus.

The post-Brexit dynamics might make for quite unprecedented shifts in parliamentary seats particularly amongst the parties situated on the 'Remain' side of the debate over the EU Referendum.

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'Fiddling while the Treaty of Rome burns'?

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Edited by John Gynn, Tuesday, 11 Apr 2017, 14:51

Not so these eminent commentators:

https://publiclawforeveryone.com/2017/02/17/the-three-knights-opinion-on-brexit-a-response/


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The ‘Misrepresentation of the People Act’?

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Edited by John Gynn, Tuesday, 11 Apr 2017, 14:47

A number of commentators have queried whether the ‘Great Repeal Bill’ - which will seek to cover the modesty of domestic law as the tide of European Union law ebbs at the conclusion of the TEU Article 50 process – is an appropriate short title given that the immediate purpose is continuity rather than repeal.

Thames looking towards the Queen Elizabeth Tower with Big Ben

The Thames tide ebbs

In HP Bulmer ltd.& another v. J Bollinger SA & others [1974] 2 All ER 1226, Lord Denning said: “[W]hen we come to matters with a European element, the treaty is like an incoming tide. It flows into the estuaries and up the rivers. It cannot be held back. Parliament has decreed that the treaty is henceforward to be part of our law. It is equal in force to any statute. ”

Even beyond a similarity in short titles, the Great Repeal Bill has further echo of the Great Reform Act 1832 (properly styled the Representation of the People Act 1832) in the family ties between two formidable parliamentarians involved in each: John Bright MP and Bill Cash MP. Both would point to the promotion of democratic representation lying at the heart of their formidable respective lobbying.

But with concerns over the accuracy of information provided by both sides of the EU referendum debate perhaps the ‘Misrepresentation of the People Act’ might be a suitable short title.

The Great Repeal Bill considered:

http://www.parliament.uk/business/committees/committees-a-z/lords-select/constitution-committee/news-parliament-2015/academics-evidence/

The Reform Act 1832:

http://www.parliament.uk/about/living-heritage/evolutionofparliament/houseofcommons/reformacts/overview/reformact1832/

A much more artistic representation of the people in the ebb and flow of the tide:

http://www.underwatersculpture.com/


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‘It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness.’ (Charles Dickens, A Tale of Two Cities)

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Edited by John Gynn, Tuesday, 28 Mar 2017, 23:32

Having just recently (January 2017) been appointed the UK’s Permanent Representative to the European Union, Tim Barrow will possibly have the job of despatching the notice informing European Council President Donald Tusk (himself just re-elected in early March for a second term of office) on Wednesday 29th March 2017 of the UK’s formal intention to secede from the European Union.

In the era of Dickens’ works the Dover Mail would labour up Shooter’s Hill.

The Dover Mail

(Image from Project Guttenburg)

http://www.gutenberg.org/files/98/98-h/98-h.htm

The ambassadorial envoy of today is unlikely to be halted by the muddied rider that pursued the coach in Dickens’ tale. (He will probably speed through the Channel Tunnel).

But might the ‘blazing strange message’ - ‘recalled to life’ - ever be uttered in the context of this crucial despatch from Downing Street?

Paragraph five of Article 50 provides: ‘5. If a State which has withdrawn from the Union asks to rejoin, its request shall be subject to the procedure referred to in Article 49.’

Perhaps Charles Dickens' Tale of Two Cities has the answer:

“Tom!” softly over the coach roof.

“Hallo, Joe.”

“Did you hear the message?”

“I did, Joe.”

“What did you make of it, Tom?”

“Nothing at all, Joe.”

“That’s a coincidence, too,” the guard mused, “for I made the same of it myself.”



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Soothsayer: “Beware the Ides of March”. (William Shakespeare, Julius Caesar Act 1, Scene 2)

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Edited by John Gynn, Wednesday, 15 Mar 2017, 13:56

The EU (Notification of Withdrawal) Bill has now completed its journey through the Houses of Parliament. Royal Assent is scheduled for tomorrow – 16th March.

Today - the 15th March – is the Ides of March – Julius Caesar was assassinated on the Ides of March.

The private secretary to the Emperor Hadrian, the scholar Suetonius, described the infamous events on the Ides of March as, “a test of civilisation”.

Fortunately, by the time the EU Notification of Withdrawal Bill receives the Royal Assent tomorrow, the Ides of March will have come and gone.

Marc Antony in Julius Caesar Act 3 Scene 2

 

Marc Antony: “I come to bury Caesar, not to praise him” (William Shakespeare, Julius Caesar Act 3, Scene 2)


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Great prophets of doom?

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Substitute ‘Guy Verhofstadt’ for ‘Italy’ and ‘the Prime Minister’ for ‘England’ in an extract from a recent, keenly-observed and well-researched, post-match report of the (infamous?) England v Italy rugby match - which saw Italy adopt an unanticipated and unsettling strategy - and you can almost discern the same jaw-dropping tactical shock in the EU MEP’s ‘left-field’ approach - proposing continued EU citizenship for UK nationals; almost offering a post-Brexit bridge across the Channel - as that which temporarily baffled England at Twickenham in their 2017 six-nations rugby contest against Italy at the end of February.

First here is Guy Verhofstadt’s unexpectedly conciliatory note today, from BBC online news pages reporting the Belgian politician’s remarks:

“Mr Verhofstadt, who leads the liberal group of MEPs in the European Parliament, told the BBC that the [EU citizenship] matter had to be prioritised and "cannot be part of the political games" that have taken place over the last few months… Mr Verhofstadt said the situation "is a crisis for the EU". "The fact that a large country like Britain is leaving the EU...? It's shown a crisis in the European Union - it's a disaster. That Britain goes out of the EU is a tragedy, a disaster, a catastrophe - you name it."”

Now the substituted match report: “[Verhofstadt] did much more than compete... [he] tried something different… there was no humiliation at the hands of [the Prime Minister] and there was nothing that [Verhofstadt] did that demeaned… in the slightest, no matter what anybody else might think. [Verhofstadt] held up a mirror to the modern-day game, the endless torrent of breakdowns, and… showed where it needs to improve… Above all, [Verhofstadt] showed that glorious uncertainty is such a joy in this mechanical era. Now that is not a bad afternoon's work.”

Associated Press noted that Italy’s rugby tactics had ‘angered’ England: “It was smart and innovative from Italy coach Conor O'Shea - and it bewildered England so much that some of its players asked the referee how they could combat it.”

Mr Verhofstadt’s conciliatory tone, that so seemed to baffle the prepared intransigence of the UK Government, was echoed by another EU notable, European Commission President Jean-Claude Juncker, who has said today that he hopes that the UK will rejoin the European Union at some point in future.

Has the EU taken a leaf out of Conor O'Shea ‘book of tricks’?

Perhaps, but perhaps not. Perhaps it might be possible to look at the Italian’s rugby tactics not so much as a ‘trick’ but as an innovative approach. That is what Stephen Jones thought and I think he might well be right. Might these EU note worthies actually be genuine in their efforts to reconcile and compromise?

Not likely; according to Stephanie Flanders (J.P Morgan’s chief market strategist for Britain and Europe) speaking on BBC Radio 4’s Any Questions tonight. The former BBC economics editor is certain that there can be no likelihood that the EU will give something away for nothing.

And the game the EU is playing is just not rugby for Boris Johnson (again seeming to be Sir William Stanley reincarnate) who seems set against compromise and ever-determined to be on the ‘winning’ side: “I think we have illustrious precedent in this matter, and you will doubtless recall the 1984 Fontainebleau Summit in which Mrs Thatcher said she wanted her money back, and I think that is exactly what we will get," he [Sir William – sorry Boris] told BBC political editor Laura Kuenssberg in BBC Two's Brexit: Britain's Biggest Deal.”

It is interesting, therefore, to find an excellent Welsh source of Rugby comment use the same words as Guy Verhofstadt - ‘catastrophe’ and ‘disaster’ – in the context of England’s unexpected departure from the Rugby World Cup in October 2015 and consider... was that 2015 rugby exit a precursor of Brexit?

“When the word "catastrophe" starts being applied to the result of a game of rugby union a sense of proportion is clearly required. Yes, England are out of the World Cup but life goes on, clocks cannot be rewound and the competition proceeds without them. English rugby may be looking into a yawning sink hole of self-inflicted horror but this is still sport, not war, famine or death… As the former All Blacks forward Craig Newby tweeted in the early hours, England advanced further when they were jumping into harbours and drinking like fish… England's exit from the Rugby World Cup is a disaster for business - and could see a £3.5billion loss to the country's economy, experts have warned.”

If the UK can show the same subsequent form post-Brexit as the English rugby team - currently looking to equal New Zealand's All Black’s world record of 18 straight Test victories, then all will surely be well for the UK.

Yet can anybody emerge from a process of attrition a winner?

Look at what happened to Sir William Stanley.

To quote (albeit shamefully out of context) the unsurpassable and inestimable Scots rugby commentator Bill McLaren:

“The All Blacks that day looked like great prophets of doom.”

Permalink 1 comment (latest comment by John Gynn, Friday, 10 Mar 2017, 23:09)
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Barnhill, Jura. June 2015. (Thanks to the kindness of the Fletcher family).

  “Ha, glad am I that no one knew that Rumpelstiltskin I am styled”

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The Queen’s messenger came to a high mountain at the end of the forest, where the fox and the hare bid each other good night, there saw a little house, and before the house a fire was burning, and round about the fire quite a ridiculous little man was jumping, he hopped upon one leg, and shouted out his name: Rumpelstiltskin.

Where Schedule 1 to the Interpretation Act 1978 meets Section 3 and Part 2 of the Schedule to the European Union (Amendment) Act 2008 a provision shouts out the name of the abbreviation EU:

3. Changes of terminology

This section has no associated Explanatory Notes

(1)In section 1(2) of the European Communities Act 1972 (interpretation) before the definition of “the Communities” insert—

““the EU” means the European Union, being the Union established by the Treaty on European Union signed at Maastricht on 7th February 1992 (as amended by any later Treaty),”.

(2)A reference to the EU in an Act or an instrument made under an Act includes, if and in so far as the context permits or requires, a reference to the European Atomic Energy Community.

(3)The Table in the Schedule to this Act sets out substitutions required to reflect terminology after the commencement of the Treaty of Lisbon.

(4)The Secretary of State or the Treasury may by order make other amendments of Acts or instruments made under Acts to reflect changes in terminology or numbering arising out of the Treaty of Lisbon.

(5)An order under subsection (4)—

(a)may include incidental provision,

(b)shall be made by statutory instrument, and

(c)shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6)In an Act or instrument made under an Act a reference to all or any of the Communities shall, in the application of the enactment or instrument after the passing of this Act, be treated as being or including (as the context requires) a reference to the EU.

 

And in the Interpretation Act 1978:

s. 5 Definitions.

In any Act, unless the contrary intention appears, words and expressions listed in Schedule 1 to this Act are to be construed according to that Schedule.

Schedule 1 is amended by the European Union (Amendment) Act 2008

Provision of the Interpretation Act 1978 (c. 30)

Existing expression

Substituted expression

Schedule 1 (definitions)

“ “The Communities”, “the Treaties” or “the Community Treaties””

“ “ The EU ” or “ the EU Treaties ”” (to be substituted in the appropriate place in the Schedule)

 ""The devil has told you that! The devil has told you that," cried the little man, and in his anger he plunged his right foot so deep into the earth that his whole leg went in, and then in rage he pulled at his left leg so hard with both hands that he tore himself in two." (Rumpelstiltskin, the Brothers Grimm)


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Barnhill, Jura. June 2015. (Thanks to the kindness of the Fletcher family).

“Out, out, brief candle”…? (Macbeth Act V, Scene ii)

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The MP for Wellingborough’s speech at Second Reading of the European Union (Notification of Withdrawal) Bill – in shorthand the ‘EU NoW’ Bill (a contradiction in contraction if ever there was one) - stood out as clearly as his tie which rather had the effect of glowing amidst the debate like an eerie sartorial wick.

Indeed Mr. Bone referred to his tie in his contribution from the floor, stating: “I apologise for wearing the hideous tie again”.

However his speech stood out for different reasons. His contribution had integrity through its consistency and struck a well-considered conciliatory note. For example he reiterated his view that the Government was wrong in seeking to invoke the Royal Prerogative to trigger Article 50 unilaterally. Parliamentary scrutiny is a good thing, said Mr. Bone, and any Bill will benefit from parliamentary scrutiny. He struck, something of, a conciliatory note in seeking to distance himself from some of the more ill-advised matters arising amidst the EU Referendum debate.

Moreover Mr Bone also spoke against the Government’s continuing stance with regard to EU citizens in the UK which places significant undue worry on a particular sector of society. He said he, personally, would have preferred the Government to state, unilaterally, that EU citizens in the UK prior to the EU Referendum would have the right to stay.

The currency of that sentiment was devalued rather when Mr. Bone noted that the Government’s stance on the matter was understandable - as the Government wished to protect the position of UK nationals in other EU member states.

It is worth examining the proposition that there is some credible political leverage relating to the position of individuals (whether individuals from other EU member states sited in the UK or UK nationals sited in other EU member states) in forthcoming ‘Brexit’ negotiations.

Carl von Clausewitz (1780-1831) is acknowledged as, “one of history’s most important military strategists… [On War] is filled with quotations familiar today, in particular his notion of war as a continuation of politics by other means.”[1]

With that in mind it is perhaps worth contemplating the great strategist’s views regarding the position of civilians in conflict.

David Pugh[2] provides insight into Clausewitz’s perspective on the matter:

“He was aware that civilian suffering was not simply an accidental by-product of war but also the result of deliberate strategic intent to compel an enemy to do one’s will. Clausewitz did not endorse such methods because he had a moral and theoretical preference for decisive battles between conventional armed forces. He tended to dismiss violence against civilian persons and property as morally wrong, militarily ineffective and politically counter-productive.”

If nothing else, setting aside the obvious moral observations, and at minimum, those last three words might usefully echo in the House of Commons as the Committee Stage, so brief it seems barely worth the candle, of the European Union (Notification of Withdrawal) Bill begins.

Just before the Committee Stage debate began, Mr. Speaker was (in contravention to Parliamentary etiquette) applauded in the Chamber when he stated his position concerning a future visit by the current U.S. President – a position reinforced as a result of recent, controversial, Executive decisions.

Though commended in a Point of Order by the M.P. for Bolsover, Mr. Speaker’s remarks may not endear him to President Trump.

However Mr. Speaker may well have been applauded by a past U.S. President. On June 4th 1965, President Johnson gave a lecture, ‘To Fulfil these Rights’, at Howard University. Reflecting an aspect of the ‘Great Society’, President Johnson spoke of: “Equality as a fact and equality as a result”.

Closing his speech President Johnson said: The Scripture promises: “I shall light a candle of understanding in thine heart, which shall not be put out.” Together, and with millions more, we can light that candle of understanding in the heart of all America. And, once lit, it will never again go out.”


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Barnhill, Jura. June 2015. (Thanks to the kindness of the Fletcher family).

A Hair-raising Statement from Mr. Speaker

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Edited by John Gynn, Monday, 6 Feb 2017, 16:31

A hair-raising statement from Mr. Speaker today:

http://parliamentlive.tv/event/index/5c33f2dc-0892-4d70-84e3-a91b593fe67f?in=14:34:05&out=14:36:20

Related correspondence:

http://www.parliament.uk/documents/commons-committees/procedure/170201-CW-Clerk-re-Table-dress.pdf


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