Gina Miller seems not to have learned the lesson she should have done from her earlier foray into Brexit and legal opinions. It’s rather because of her that Parliament must have that meaningful vote on the terms of exit from the European Union. You know, the terms no one can agree upon because there’s no majority in favour of any set of terms? Thus we’re left with the current legal default, a crash out to WTO terms. For which Huzzah! of course.
Miller, still having not quite grasped this, is now trying to Hotel California gambit. We can check out but we can never leave:
[perfectpullquote align=”full” bordertop=”false” cite=”” link=”” color=”” class=”” size=””]Could Gina Miller’s next move compel the EU to delay Brexit?[/perfectpullquote]They get to decide? Not us?
[perfectpullquote align=”full” bordertop=”false” cite=”” link=”” color=”” class=”” size=””] In a crisis, imagination is as important as commitment – and Gina Miller has both. As 29 March hoves ominously into view, the investment manager, who successfully challenged the government’s authority to invoke article 50 without parliamentary approval, is making another significant intervention in the Brexit process – more subtle this time, but no less worthy of political and legal attention. Having used the courts in 2017 to give parliament a say in the triggering of article 50, Miller is now, I gather, seeking to reframe the way in which Westminster and Brussels contemplate the possibility of its extension. Armed with a legal opinion written by Kieron Beal QC and three other senior lawyers, the co-founder of the pro-remain campaign Lead Not Leave will argue that the EU council of ministers could itself, unilaterally, extend the article 50 deadline. [/perfectpullquote]Let’s assume that this is indeed true just for the moment. And let’s say that it is enacted. The EU’s Council of Ministers simply says that whatever the Hell the British voted for they can’t leave. The UK’s citizens are just pawns in the political hands of us Continentals. Bugger your vote, we rule. We’ll let you go – maybe – when we’re good and ready.
That would lead to an interesting political reaction in our sceptered isle, wouldn’t it? We might drop 190 years of guaranteeing Belgium’s existence and peace and invade ourselves. It certainly wouldn’t be difficult to gain a vote telling them to bugger off now, would it? We’d likely win a vote to take off and dust them from orbit, it’s the only way to be safe.
As with Gina Miller’s earlier schemes I have a feeling this would backfire rather, no?
Yes, I hope she wins and the EU extends Article 50 unilaterally. Nothing would make No Deal more likely!
Miller wants to remind the EU that the legal, practical and moral obligation to prevent a catastrophic no-deal outcome is not confined to Westminster, and to do so by citing A50(3) and to such principles as are spelled out in 13(1) and 13(2) of the EU treaty.
I don’t suppose she’ll succeed. But there’s no earthly reason to think that if she did succeed, a No Deal exit would be more likely.