The Repeal Bill is an affront to democracy
As part of the Brexit process, the UK government has put forward its proposal for the Repeal Bill, as it is commonly known. Its formal title is the European Union (Withdrawal) Bill and is probably a better name seeing as it does not set out to repeal things but rather to nationalise the whole body of EU law that currently applies to the UK. It has to do this because it does repeal one essential piece of legislation; the European Communities Act. It is through this legislation that EU law has been able to have effect in the UK. With it no longer in place, a whole (largely unknown in scope or quantity) set of laws would suddenly cease to apply. The UK would grind to a halt in the ensuing chaos.
To avoid this disaster the government is compelled to bring EU law wholesale into UK law. However, there are many bits of legislation that may no longer make sense or may no longer fit if the UK is no longer part of the EU. Regulatory agencies that we may or may not continue to be part of. References to EU citizens' rights that may or may not continue to apply. To resolve this, the Bill proposes to give government ministers an extraordinary degree of power.
Thanks to this Bill, ministers will be able to make changes to the law essentially where they see fit, with little to no Parliamentary scrutiny and with no need for further justification than 'it is necessary for Brexit'.
This is an unacceptable attack on British democracy by an arrogant government that will seek to force Brexit on the UK by decree.
In a sense, defenders of the measures are right. This degree of leeway is needed for the government to carry out the immensely difficult Brexit process. Legal changes will have to be made at the last minute and in quick order if consistency is to be maintained and if the UK is to sustain a legal regime that makes sense to those who live under it.
This does not mean, however, that we should meekly acquiesce, to giving the government these far-reaching powers. Rather it highlights the danger that Brexit itself poses to British democracy. If it is Brexit that makes it necessary to give the government anti-democratic powers, then it is Brexit that is the problem.
It may seem ironic that many prominent Brexiteers like to paint themselves as small government, pro-Parliamentary sovereignty types, while also proposing a massive transfer of power from Parliament to the executive. But in reality, it has long been clear to many anti-Brexit campaigners that this perspective was always a sham and that the Brexit project has been put in place precisely to allow a narrow elite to hoard even greater power for themselves. 'Take back control' was never a motto for the British people, in that sense it was a con, but rather it was the ideal of a small circle of right-wingers who wanted to exert as much power as possible over our country.
We can be grateful for this draft Bill, because it helps make things clear for all about the reality of the situation, beyond the tired slogans of respecting the 'will of the people' or 'making a success of Brexit'.
A future lies before us. We can have British democracy or we can have Brexit, but we cannot have both.
The choice is ours to make.
To avoid this disaster the government is compelled to bring EU law wholesale into UK law. However, there are many bits of legislation that may no longer make sense or may no longer fit if the UK is no longer part of the EU. Regulatory agencies that we may or may not continue to be part of. References to EU citizens' rights that may or may not continue to apply. To resolve this, the Bill proposes to give government ministers an extraordinary degree of power.
Thanks to this Bill, ministers will be able to make changes to the law essentially where they see fit, with little to no Parliamentary scrutiny and with no need for further justification than 'it is necessary for Brexit'.
This is an unacceptable attack on British democracy by an arrogant government that will seek to force Brexit on the UK by decree.
In a sense, defenders of the measures are right. This degree of leeway is needed for the government to carry out the immensely difficult Brexit process. Legal changes will have to be made at the last minute and in quick order if consistency is to be maintained and if the UK is to sustain a legal regime that makes sense to those who live under it.
This does not mean, however, that we should meekly acquiesce, to giving the government these far-reaching powers. Rather it highlights the danger that Brexit itself poses to British democracy. If it is Brexit that makes it necessary to give the government anti-democratic powers, then it is Brexit that is the problem.
It may seem ironic that many prominent Brexiteers like to paint themselves as small government, pro-Parliamentary sovereignty types, while also proposing a massive transfer of power from Parliament to the executive. But in reality, it has long been clear to many anti-Brexit campaigners that this perspective was always a sham and that the Brexit project has been put in place precisely to allow a narrow elite to hoard even greater power for themselves. 'Take back control' was never a motto for the British people, in that sense it was a con, but rather it was the ideal of a small circle of right-wingers who wanted to exert as much power as possible over our country.
We can be grateful for this draft Bill, because it helps make things clear for all about the reality of the situation, beyond the tired slogans of respecting the 'will of the people' or 'making a success of Brexit'.
A future lies before us. We can have British democracy or we can have Brexit, but we cannot have both.
The choice is ours to make.
Comments
Post a Comment