Why wouldn’t Boris apply the EU deal provisionally, pending proper review?

Government has already done this for 20 other countries, why not for EU?

Ramming a huge international treaty through Parliament in one day is unconstitutional and unsafe

Three Brexit Facts4EU.Org articles on a momentous day in UK history – Part Two

We are a moderate voice in the Brexit debate.
Today, however, with the mainstream media seemingly absent on the subject of basic democratic procedures and proper scrutiny, we feel we must speak out. Readers may not agree with all of the contents of our three articles today, but we hope you will all support the need for an alternative voice to be heard.

Brexit Facts4EU.Org was the first organisation to call for the proposed UK-EU trade agreement to be applied only provisionally. We urged the Prime Minister that time be allowed for proper scrutiny and debate by MPs and by informed commentators such as our team, and by certain lawyers specialising in dealing with the EU.

Since the trade deal’s publication we have called on a daily basis for this approach to be taken. It now appears to be too late, but we continue to insist that this was the only correct course of action for the Government to take and we provide more facts and arguments below.

Provisional application of trade deals is normal practice

In the EU, trade deals take many months and often years to be ratified after they have been agreed. The EU’s normal practice is to apply them provisionally, subject to ratification. Many non-EU countries take the same approach.

The UK has put in place 63 trade deals in the last two years, and Brexit Facts4EU.Org has reported on these successes many times. 55 of these new deals will start on 01 January, with the others starting after a few months.

Brexit Facts4EU.Org Summary

This trade deal could have been applied provisionally

20 of the UK’s new trade deals are being applied only provisionally on 01 January
Another 4 trade deals are being applied on ‘a bridging basis’ – what amounts to an exchange of letters
The EU itself is only applying this deal provisionally, with ratification to follow after due debate
Why is the PM insisting that the EU trade deal be debated and ratified in a single day?

‘The unholy rush’

The UK-EU ‘Trade and Cooperation Agreement’ was not published until 26 December 2020
Even the lawyers from the ERG could not produce their initial assessment until 18 hours before the debate
The draft Bill to enact this Agreement was not published until 19 hours before the debate
The debate itself will last only five hours, with only around 40 MPs physically present

UK law stipulates a treaty must be put to the House a minimum of 21 sitting days in advance

The Constitutional Reform and Governance Act 2010 (CRaG) clearly states that:

“all treaties … that are subject to ratification, acceptance, approval, the mutual notification of completion of procedures, or to which the UK intends to accede, cannot be ratified unless they have been laid by a minister of the Crown before Parliament for 21 sitting days…”

In the case of the UK-EU Trade and Cooperation Treaty, good practice should mean that MPs be given far longer than 21 sitting days. At 1,332 pages including ancillary documents, and with serious implications for the United Kingdom’s relations with its neighbours, MPs might reasonably ask for 2-3 months to review and take soundings on such an important matter.

Instead, this treaty is being rammed through in what can only be described as indecent haste. The Bill was only published yesterday afternoon and runs to 80 pages, yet MPs are supposed to start debating it at 9.30am this morning. In our view this is neither democratic, nor reasonable, nor safe.

We expect our MPs to be able to do their job

How many people in the country have read the UK-EU Trade and Cooperation Agreement? Precious, precious few, we suggest. Even fewer will have read yesterday afternoon’s 85-page European Union (Future Relationship) Bill. Even the ‘Explanatory Notes’ which accompany the Bill run to 78 pages.

It is an honour and a privilege to be elected as a Member of Parliament. The public rightly expect the highest professional and ethical standards of all those who represent them in what used to be known as the highest court in the land – before Tony Blair’s Supreme Court became political and started overruling Parliament.

The public also expect their Members of Parliament to be competent. An example of such competence is the ability to read and digest a major international treaty which will commit the United Kingdom in a great many areas of its activities both domestically and with its neighbours.

Now, our MPs have been given no realistic time to make a judgement on this deal – and that’s if they would have read it had they been given more time, which of course many would not.

Sir Keir takes the knee to the deal

With the Government’s insistence on instant gratification, we have seen the bizarre spectacle of Sir Keir Starmer, leader of Her Majesty’s loyal opposition and a QC to boot, announcing that Labour would vote for this treaty - 48 hours before he had even seen a copy of it.

On Christmas Eve, two days before the TCA was officially published, the leader of Her Majesty’s loyal opposition, Sir Keir Starmer, announced that:

“Labour accepts this deal and we will vote for it.”

This was just one early consequence of the rush to enact this deal. Taken with so much else, it surely sinks the reputation of most of our elected representatives to a level so low it is hard to see how it could fall further.

Observations

By the time this article has been edited and coded up for this website, the die will have been cast. Within three hours of us publishing, MPs will be heading for Westminster or firing up their parliamentary Zoom video-conferencing programme, ready to vote on the deal with the EU. And they will pass the Bill, that is certain.

Regardless of anything else, we simply felt that someone should stand up for due democratic process. The media are virtually silent on this, so we are doing it.

We wish to make clear our profound concern – and that of many readers – at the appalling state of parliamentary democracy we’re facing in this great country of ours.

How ironic that a campaign for a free, sovereign, and independent United Kingdom should end in such a deeply shameful episode in the long history of this country’s democratic traditions.

Today's articles:

PART ONE: Before MPs’ debate, No.10 organises plane with EU deal for Boris to sign
PART TWO: This article
PART THREE: ‘The Starry-Eyed Chamber’ – short reflections on the surrender of the Ex-Spartans

Finally, we know times are difficult for many people this Christmas - they are for us too. Covid has affected us all, and it has definitely affected the level of donations we receive from members of the public. With no other source of income, we rely on our readers to keep us going.

We are most grateful to readers who have donated in recent days, but we badly need more readers to do the same if we are to continue researching facts, scrutinising, publishing, and lobbying MPs. Quick, secure, and confidential donation links are below this article, or you can use our Donations page here. If you have never donated before, please, please, keep us going with a donation now. Thank you so much.

[ Sources: UK Parliament | UK Dept for International Trade ] Politicians and journalists can contact us for details, as ever.

Brexit Facts4EU.Org, Wed 30 Dec 2020

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Reader Comments 8

1. Lance Lucky Baxter , Wednesday, December 30, 2020, 08:47:

In short, when one considers the combination of the Withdrawal Agreement, Northern Irish Protocol and the TCA, no claim can be made by the Prime Minister that he has fulfilled his Brexit manifesto pledges. We will not have taken back total control of our laws, our borders, our cash or our fish. Neither can he claim that the UK has left the EU as one United Kingdom; we shall instead be the first country in history to have voluntarily partitioned itself

2. Not4EU, London , Wednesday, December 30, 2020, 09:21:

It is the end of the Con party Govt.
The biggest sign of achieving independence for the ordinary man/woman is fishing. There is practically no change, not even to the super trawlers. In 5.5 yrs we 'might' increase our take by just under 3%, and if we do, we will have to pay the EU for the 'privilege' to access our own fish.
That is what the ordinary people will see. A sell out.
They have now comprehensively lost the 'red wall' along with many who've seen them for the charlatans that they are.
_
Boros was gifted a golden egg.
A clear mandate (backed up by the last 5 UK & EU elections) to leave the EU.
He was given a majority of 80 to do so.
He just had to implement the direct democratic mandate from the people to leave.
He, and his Cabinet, CHOSE not to do so.
They & all MPs supporting this are complicit in the abuse of our democracy, abuse of power, malfeasance in Public Office & betrayal of the country & its people.
Your time will come. I hope that the brown envelopes were worth it. You'll be looking pretty stupid on 20th Jan. I hope that proper justice for this betrayal is forthcoming.

3. Frank Gil , Wednesday, December 30, 2020, 09:33:

The E.U. Is only applying the agreement on a provisional basis until 28th February 2021. Therefore, the E.U. Have not passed this agreement as such.
So why is BORIS trying to rush and get this deal through on such short notice and without Proper scrutiny by Parliament!!!!.

4. James Bertram , Wednesday, December 30, 2020, 09:37:

This is not democracy, it is dictatorship - and ALL our politicians are complicit in this; and mainstream media. Likewise, the passing of Coronavirus laws using the 1984 Public Health Act is ultra vires - but the courts fail to examine this corruption of the law. The people are asleep; and we get what we deserve - serfdom and tyranny. NEVER vote for any of these scum ever again.

5. Lance Lucky Baxter , Wednesday, December 30, 2020, 10:09:

Frank Gil,
he could and they could approve it temporarily..and vote later...

6. Joe , Wednesday, December 30, 2020, 12:19:

I, for one am pleased that we rushed through the referendum - no details, just get it in! Or out, rather.
Many times they tried to slow or halt but we ignored their "experts". Our vote, Our right.
It's been very clever how we waited until the last minute just so we could rush it through again.
Best part is the lefties can't even do anything about it but agree, haha.
We need to keep rushing through more things like this. It works.

7. Linda Ross Buchan , Wednesday, December 30, 2020, 15:34:

Boris thanks for dropping our fishermen in your ditch ...hopefully that will be repaid at next election ......another “Cons” stitch up

8. Diane , Wednesday, December 30, 2020, 16:39:

During today's debate, the question of lack of time, therefore democratic scrutiny in effect denied, was brought up several times but not one questioned why the EU Parliament & ours' time lines were not in line or ours labelled 'provisional' We do know of course that our departure tomorrow 31 Dec at 11pm UK time is written into law. No extra Transition time asked for by our side ( quite rightly ) so one assumes that could be key as our new arrangements must start according to that timetable ? The fact that many of us are suspicious of what we see though, so obviously shows that there is still distrust of our leaders and EU how things are happening. There were some questions asked today & which were made with a request that they be addressed on the summing up - e.g. damaging trawlers in our waters, is some action to be taken now as we leave and also on financial / services. Unless missed, I am not aware that the points raised were addressed.
It seems to me that there is going to be still much oversight by the EU, with them, if we are not careful, breathing down our necks at every turn, what with joint committees, partnership council/s, threats that still exist under what's written into this 'deal', and other oversight 'groups'. Hopefully over time and with a robust ( to use a favourite word of our EU partners) government, that can be minimised. We are where we are, stuck with what we have, with major challenges to come no doubt. https://www.parliamentlive.... is the link where you can hear the various MPs & others if not viewed or heard today's debate. Also, the petition to government is still open on the motion of our banning of supertrawlers on our departing the EU, not clear to me if that could be done anyway - but see https://petition.parliament...
There are also 2 articles on the Fishing For Leave website dated 24/12 and 29/12 worth a read. https://ffl.org.uk

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