James Wallbank on Wed, 13 Mar 2019 14:43:21 +0100 (CET)


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Re: <nettime> At last the brexit dividend


Hello David,

The Brexit situation is indeed extraordinary, and it has thrown up deep deficiencies in the UK's constitutional arrangements, electoral security and, more widely, in its national identity.

For what it's worth, my money, should I care to bet on it, would be that the UK will end up in a Norway-like situation, in which something EEA/EFTA-ish will be re-branded by British politicians in an attempt to give the impression that it was all their brainchild.

Whichever way that Brexit manifests (or doesn't manifest), I'm starting to think that it will mark, finally, the end of empire. AT LAST the UK is starting to get to grips with the fact that it is not a global superpower, but rather a high-ranking, medium-sized country that used to have a great reputation for good governance.

And David, I'm of almost exactly the opposite view to you, in that I'd say that this shit-storm has demonstrated that Parliament absolutely is sovereign.

The fact that the executive needs, deceptively, to propose cunningly ambiguous forms of wording to non-binding votes, and needs to try to game the Parliamentary system, rather than confidently overruling it (as would a genuinely unrestrained autocracy) suggests that it still acknowledges Parliament's power.

On the other hand, it (Parliament) has been packed with a significant number of unimpressive, staggeringly ignorant, ambitious, opinionated and biddable members, who can argue passionately for causes that they abandon when instructed. This is the real threat to its sovereignty. We really do need better politicians, and, critically, better methods for selecting them.

That the executive is trying to bamboozle Parliament also confirms to us that the Prime Minister does indeed know what we already know. Brexit is an extraordinarily bad idea. She's pretty desperate to find ways to diffuse responsibility for what would be, should it go ahead, a course of action which will continue to cause incalculable damage for decades to come.

Best Regards,

James
=====

On 13/03/2019 12:49, David Garcia wrote:
Hi Keith 

I think the article is interesting but misses out the central challenge that the profound political/constitutional crisis has thrown up which is: at what point and how 
does a theoretically sovereign parliament take control when a government has lost control of events but is unwilling to admit to the fact. 

If this shit storm has done one thing it has demonstrated that parliamentary sovereignty is a myth. And the real power is with the Prime Minister. It has  
revealed the comparative impotence of parliament to do anythig but block an oppose. The PM sets the time-table and the agenda as the cliche goes 
"govenment proposes, parliament disposes". 

What we will see in the coming days is whether there is enough wriggle room for some of the legal brains in the house (Letwin, Cooper, Reeve, Starmer) to come 
up with statutory instruments that would enable them to stop the car going over the cliff by reversing the law which takes us out on the 29th (or at the end of the 
extension period). This is hard as usually it is only the executive (government) that gets to make new laws.

This experiment in actualising parliamentary sovereignty will not only require legal expertise but also an ability to cooperate accross the tribal divieds to forge a majority 
for some course of action in parliament. This will have to begin with a series of  indicative (non-binding) votes to see what there is a majority for. Maybe there is no majority
for anything.. or maybe parliament can get its act together and build a workable process… withing 2 weeks!! Aaaaaaah

David      

On 13 Mar 2019, at 10:55, Keith Hart <[email protected]> wrote:

On Mon, Mar 11, 2019 at 12:42 PM David Garcia <[email protected]> wrote:
A true Democracy: All United in Ignorance-
Total fucking insanity
When asked by what is actually happening my reply has become “I know nothing!”

There are a few people who have not abandoned thinking about Brexit, even if the prospects are still gloomy. Take this lucid contribution today from Patrick Maguire, political correspondent of the New Statesman:

Good morning. MPs have voted down Theresa May's Brexit deal for the second time - by a thumping margin of 149 votes. What happens now?

Westminster's favourite refrain is that nobody has a clue where things will eventually end up, but we at least can say with some confidence what will happen today: MPs will vote against leaving the EU without a deal.

Or will they? As of 7am, we know now a bit more about how that scenario would look in practice: a "smuggler's paradise" in Northern Ireland, where the UK would unilaterally waive checks on goods crossing the border, and what the CBI calls a "sledgehammer" to the economy in the form of the  temporary removal of tariffs on 87 per cent of imports. 

But despite its attempt to put the screws on MPs, today's government motion is a curious thing. If passed, it would both confirm Parliament's opposition to a no-deal Brexit and note that it remained the legal default on 29 March. That slightly confused proposition reflects the feeling among many Tories that retaining the ability to jump over the cliff is a vital negotiating tactic. But with just 16 days to go, that isn't the unequivocal rejection that Tory Remainers and opposition MPs want and we can expect that coalition of the unwilling to approve an amendment from Labour's Jack Dromey and Tory Caroline Spelman, ruling out no-deal in any circumstances.

That, for some reason, has prompted a great deal of excitement and gnashing of teeth. There is talk of the amendment taking no-deal “completely off the table” and one Leave-supporting minister even told Newsnight that it meant Brexit was dead. It doesn't, and it isn't, for the simple reason that even at this late stage, the Commons is unwilling to incur the political pain of deciding what it is for, rather than what it opposes. If it really wants to stop no-deal two Fridays from now, it will have to actively vote for something else: an Article 50 extension or a deal.

An unlikely alliance of hard Brexiteers, Conservative Remainers and the DUP believe they have found the answer in an amendment seeking approval for the latest iteration of the so-called Malthouse Compromise. It proposes an extension of Article 50 to May 23rd - the hard deadline before the European Parliament elections - and a sweetener of cash and assurances on citizens' rights in exchange for a two-year transition period. It all sounds terribly sensible but for the fact the EU has never been willing to entertain it. But even at this late stage it is gaining traction among Tory MPs, which serves to illustrate the extent to which this Parliament is only really willing to unite around two things: vague statements of opposition and solutions that don't exist.

As the exasperation of the EU27 boils over, that isn't a great signal to be sending to Brussels, which is making increasingly clear that any Article 50 extension the Commons votes for on Thursday will need to serve a constructive purpose - be it hammering out some identifiable new deal, a new election or a referendum - and not simply give MPs more time to disagree.  The EU's willingness to make today's vote against no-deal actually work on terms that are acceptable to the UK, short of ratifying a deal, can't be taken for granted. The worrying thing is that in Westminster, it is. Brexit isn't dead, but it feels increasingly like a negotiated one could be.

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